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PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY
AGENDA
Monday, October 29, 2012 — 4:00 p.m.
Reports included with this agenda can be found in the Document Center at www.cityofpriorlake,com
Please follow this file path: City of Prior LakelEconomic Development Authority1201210ct. 29, 2012
1. CALL TO ORDERIINTRODUCTION
2. APPROVAL OF AGENDA
3. APPROVAL OF MEETING MINUTES
A. September 17, 2012
� 4. CONSENT AGENDA
A. Business Retention — Captain Jacks
B. Approve EDAC Member Appointments
C. Third Quarter EDA Financial Report
5. REMOVED CONSENT AGENDA ITEMS
6. PUBLIC HEARINGS
A. No public hearing is scheduled.
7. OLD BUSINESS
A. Fiber Optic Network Discussion
B. Technology Village Business Incubator pocuments
8. NEW BUSINESS
A. Discussion with Gene Goddard, GREATER MSP
B. EDAC Report
C. EDAC Recommendations for "Business Friendly" Zoning Amendments (Industrial)
D. Downtown Property Acquisition Opportunities
E. Business Inquiry List (through 9/30/12)
9. OTHER BUSINESS
A. Draft November 19, 2012 Agenda
10. ADJOURNMENT: 6:00 p.m.
Those items on the EDA Agenda which are considered routine and non-controversial are included as part of
the Consent Agenda. Unless the President or an EDA member specifically requests that an item be on the
Consent Agenda be removed and considered separately, Items on the Consent Agenda are considered under
one motion, second and a roll call vote. Any item removed from the Consent Agenda shall be placed on the
EDA agenda under "Removed Consent Agenda Items"
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
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Economic Development Authority Meeting Minutes
September 17, 2012
1. CALL TO ORDER
President Hedberg called the meeting to order at 4:00 p.m. Present were Hedberg, Morris and Myser.
Choudek and Chromy were absent. Also present was EDA Executive Director Boyles, Community & Economic
Development Director Rogness, Community Development Specialist McCabe, EDAC member Greg Schweich,
and Broadband Ativisory Committee member Lloyd Erbaugh,
2. APPROVAL OF AGENDA
MOTION BY MYSER, SECONDED BY MORRIS TO APPROVE THE AGENDA
VOTE: Ayes by Hedberg, Morris and Myser. The motion carried.
3. APPROVAL OF MEETING MINUTES
MOTION BY MYSER, SECONDED BY MORRIS TO APPROVE THE MINUTES OF AUGUST 20, 2012
VOTE: Ayes by Hedberg, Morris and Myser. The motion carried.
4. PUBLIC HEARING
No public hearing was scheduled.
5. OLD BUSINESS
A. Fiber Optic Network Discussion.
Rogness: asked EDA Commissioners to further discuss key aspects of how to move this agenda forward
after the input received at the joint EDA and City Council Work Session on September 10, 2012.
Myser: saitl that the EDA must vet this with existing providers before spending more money.
Morris: indicated that there is evidence of negative reaction being expressed to the fiber report's recom-
mendation, including an article written by the Freedom Foundation. He said that the EDA should be mar-
keting the benefits of the fiber network in cooperation with Eric Lampland.
Hedberg: was pleased that Century Link was representetl at the Work Session, and he felt that serious
discussions should begin with Integra about cooperation.
Myser: sees a role for government in fiber since the existing regional market system is really not set up to
provide a competitive system that would achieve full build-out and competitive pricing.
Hedberg: asked that staff spend some limited time on determining the value of a job, looking at three
sources or examples.
Morris: reminded commissioners that 100 cities have done this with only five failures; he supported the
EDA subscribing to Broadband Communities.
Rogness: asked who should represent the EDA at a meeting with the incumbent service providers; it was
agreed that Morris, Myser antl Hedberg all meet with them. Rogness also asked about Lampland being
present and/or other committee members; no decision was made.
Erbaugh: asked that the EDA consider defining what the end game result or desire will be before the pro-
vider meeting, and that this must be clearly defined.
Hedberg: asked about the future of triple play services since they will commodisized??????
Phone 952.447.9800 / Fax 952.447.4245 / ���v�v.cityofpriorlake.com
Myser: said that if the EDA is serious about providing community-wide fiber, then the service providers will
come to the table and discuss the city's goals. The EDA must ask them how they can help the city achieve
this goal. The end game is community-witle fiber with low consumer prices.
B. Amendment to EDA Bylaws.
McCabe: summarizetl changes made to the EDA bylaws in order to inclutle a consent agenda item. Some
additional minor amendments are also being recommended by staff.
EDA Commissioners: supported the proposed amendments to the EDA bylaws, which will be forwarded
to the City Council for final approval
MOTION BY MYSER, SECONDED BY MORRIS TO APPROVE THE PROPOSED AMENDMENTS TO
THE EDA BYLAWS TO BE FORWARDED TO THE CITY COUNCIL.
VOTE: Ayes by Hedberg, Morris and Myser. The motion carried.
6. NEW BUSINESS
A. (1) EDAC Report; (2) Broadband Fiber Network Report; and (3) Technology Village Report
Mcabe: providetl a summary on the activity of the EDAC, Broadband and the Technology Village.
Schwiech: supported the work done by the EDAC and the various activities it has worked on this year.
B. BrokerlDeveloper Panel Discussion
Rogness: introduced the three guest speakers, including Ron Mullenbach from D.R. Horton, Steve Dom-
brovski from Suntitle Commercial Realty , and Jim Hill from Gonyea Lantl Company. Rogness asked the
guests to give some background history about themselves and then to discuss their thoughts about the cur-
rent/future market contlitions.
Speakers: provided the following key inputs to the EDA:
• The city's greatest amenity, the lakes, also become its greatest liability in terms of constraining ac-
cess throughout the city.
• The city should inventory what is available for development, redevelopment and leasing.
• The city will see County Road 42 as a key corridor for future long-term development opportunities;
however, other corridors closer to the beltway must fill first.
• The city must get residential development right in the short term; Prior Lake was recently ranked #5
in resitlential demand in the Twin Cities.
• The city has opportunities to see the County Road 21 corridor develop with more C/l uses; 20,000
vehicle trips per day is a threshold for more development.
• The city will have weak demand for offices since it tlemantls a stronger critical mass.
EDA Commissioners: expressed thanks to the guest speakers for their thoughts about Prior Lake.
7. OTHER BUSINESS
A. Draft October 15, 2012 Agenda was reviewed by the commissioners,
8. ADJOURNMENT
MOTION BY MYSER, SECONDED BY MORRIS TO ADJOURN THE MEETING. With all in favor, the meeting
adjourned at 6:05 p.m.
Frank Boyles, Executive Director
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ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: October 29, 2012
AGENDA #: 4A
PREPARED BY: Dan Rogness, Community 8� Economic Development Director
AGENDA ITEM: BUSINESS RETENTION — CAPTAIN JACKS
DISCUSSION: Introduction
One very important objective of economic development is to retain valued busi-
nesses. It is generally agreed that a restaurant on Prior Lake is a desirable fea-
ture for the community. At the same time, it is apparent that there are some
maintenance challenges facing Captain Jacks.
Historv
Captain Jacks is the only public eating establishment on Prior Lake with a long
history of name and ownership changes. The property was annexed into the city
as a legal non-conforming use in 1973 as Green Heights Resort. In 1981, the
2000 Comprehensive Plan supported using conditional uses for all recreation
oriented commercial uses in the revised zoning ordinance. Previous business
names, such as Freddies on the Lake and McWillies Restaurant, received CUPs
for this site; the last one was issued in 1994.
Captain Jacks has a DNR commercial marina permit (#88-6299), which has
been transferred from one owner to the next, including the current owner JKL
Docks LLC. The city's CUP requires compliance with the DNR permit. This
property is also subject to the city's floodplain and shoreland ordinances. Re-
pairs, improvements, additions, etc. to the existing non-conforming structure
must comply with provisions of the floodplain and shoreland ordinances. If the
retaining wall is above 4 feet in height, it is considered a structure.
Current Circumstances
City staff recently met with the owners of Captain Jacks to help evaluate city fi-
nancing options for a potential business improvement project. The wooden re-
taining walls along the outdoor seating area are failing. The owners have been
working with a contractor to obtain a plan and cost estimate. The city's Econom-
ic Development Revolving Loan Fund could potentially be used to help finance
this proposed improvement. The 1-acre parcel has a current county estimated
market value of $1,350,000 of which $243,000 is for the building value
Conclusion
The renovation of existing commercial facilities is an eligible cost in the city's
Economic Development Revolving Loan Fund program. Improvements funded
by the revolving funds must be limited to the correction of code violations, and
funds must be used to address improvements to public health and safety. It is
likely that the failing retaining walls in the outdoor public spaces meet this defini-
tion. If it meets this federal (slum/blight) national objective, then job reten-
tion/creation does not have to be met as a federal objective for this project.
This item is provided as an update only, anticipating that the EDA may review a
future revolving loan fund application.
ISSUES: This may be the first application submitted from the city's new revolving loan
fund with the aim of retaining an important business on Prior Lake.
FINANCIAL An applicant may apply for up to $50,000, or 50% of the total project cost,
IMPACT: whichever is less. Staff estimates that the retaining wall work will be in the range
of $25,000-$35,000. This federal loan fund has approximately $113,000 bal-
ance.
ALTERNATIVES: Information Only
RECOMMENDED N/A
MOTION:
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ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: October 29, 2012
AGENDA #: 4B
PREPARED BY: Casey McCabe, Community Development Specialist
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPOINTING MEMBERS TO
THE EDAC
DISCUSSION: I ntroduction
The EDAC currently has four members with terms expiring on October 31, 2012
who have decided not to seek reappointment; including Troy Presler, Adam
Blahnik, Mary Viereck and Joe Passofaro.
The City of Prior Lake published a notice for anyone interested in serving on the
EDAC to apply. An interview team, consisting of Mayor Mike Myser, City Man-
ager Frank Boyles and Community & Economic Development Director Dan
Rogness has interviewed all interested applicants.
History
The Economic Development Advisory Committee is advisory and its purpose is
to study and provide reports, analysis and recommendations to the Economic
Development Authority on economic development matters as assigned.
The EDAC Bylaws state, the committee shall consist of a number of inembers
as may be determined and appointed by the Prior Lake Economic Development
Authority. The Committee shall consist of one Economic Development Authority
liaison, the City Manager or designee, and a number of residents or no more
than 40% non-residents, but affiliated with a business located within the City of
Prior Lake, as may be determined and appointed.
Members to the Economic Development Advisory Committee are appointed by
the Economic Development Authority and serve three (3) year terms beginning
November 1 and ending October 31 Per the EDAC bylaws, committee mem-
bers are eligible to serve based upon attendance and participation, continued
residence or affiliation with a business in Prior Lake and in accordance with the
term limit policy established by the City Council.
It is the policy of the Prior Lake City Council to impose a three term (or 9 year)
service limitation for all appointed positions within the committees and commis-
sion. Partial terms do not count toward the term limitation. The purpose of the
term limit policy is to encourage resident participation on City advisory bodies
and provide community members with the opportunity to participate in their local
government.
The duties and responsibilities of the Committee members include:
1. Serve as a liaison between city government and the community.
2. As requested, review and comment on economic development and redevel-
opment policies to the Economic Development Authority.
3. Make recommendations to the Economic Development Authority regarding
economic development issues, strategy development and implementation
and other initiatives that can be undertaken by the EDA to expand and
strengthen business retention & expansion.
4. Conduct Public Hearings, as requested, by the Economic Development Au-
thority.
5. In conjunction with EDA members or staff, introduce potential or new busi-
ness representatives to others in the commercial community.
Conclusion
The interview team, consisting of Mayor Mike Myser, City Manager Frank Boyles
and Community & Economic Development Director Dan Rogness recommend
the appointments of Lloyd Erbaugh, James Ford, Kris Pauna, Mark Peterson
and Mike Stout to the EDAC. All recommended appointments are for a three
year term commencing on November 1, 2012 and expiring on October 31, 2015.
Including EDAC member Terry Gutowski, who resigned from the EDAC in Janu-
ary 2012, the EDAC will be down five members. If all five recommended appli-
cants are appointed, the EDAC will consist of eleven committee members and
one EDA liaison which are consistent with the historical number of EDAC com-
mittee members.
ISSUES: City staff, the EDA and the EDAC thanks members Presler, Blahnik, Viereck,
Passofaro and Gutowski for their service.
FINANCIAL None.
IMPACT:
ALTERNATIVES: 1. Motion and Second to appoint Erbaugh, Ford, Pauna, Peterson and Stout to
the EDAC, all for 3-year terms beginning November 1, 2012 and ending Oc-
tober 31, 2015.
2. Provide direction to staff and continue discussion at a future meeting.
RECOMMENDED Alternative Number 1.
MOTION:
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ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: October 29, 2012
AGENDA #: 4C
PREPARED BY: Jerilyn Erickson, Assistant Treasurer
PRESENTED BY: Jerilyn Erickson
AGENDA ITEM: CONSIDER APPROVAL OF THE 3RD QUARTER FINANCIAL REPORT
FOR THE ECONOMIC DEVELOPMENT AUTHORITY SPECIAL
REVENUE FUND
DISCUSSION: I ntroduction
Staff has prepared a preliminary summary financial report as of September
30, 2012 for the Economic Development Authority Special Revenue Fund.
The report reflects revenue and expenditure activity for the first nine
months of 2012. The reports are preliminary, unaudited and may change.
The attached memorandum provides a summary of the significant issues.
If commissioners have questions please feel free to contact me at 952-447-
9841 for more information.
ALTERNATIVES: The following alternatives are available to the EDA:
1. A motion to accept the September 30, 2012 Financial Report as
submitted.
2. Take no action and provide the staff with specific direction.
RECOMMENDED Alternative 1.
MOTION:
a4 rxr MEMORANDUM
u � TO: Prior Lake Economic Development Authority
FROM: Jerilyn Erickson, Assistant Treasurer
M�NNESO'�P RE: Financial Report dated 09/30/2012
The financial report presented as part of this agenda item reflects activity for the first nine
months of 2012. The significant issues identified at this time are summarized below.
The EDA budget was amended on February 21, 2012 to provide additional resources for
professional services, training and memberships.
Revenues
Revenues reflect a grant received from Scott County CDA for the fiber network study as well as
a transfer of funds from the City's General Fund and interest earnings. Interest revenues are
significantly lower than budget due to declining interest rates.
Expenditures
Personnel, commissioner per diems, professional services (for broadband), Venture Fair set up
costs and the National Business Incubation Association membership comprise the majority of
the total expenditures.
Yearend Proiection
The Fund is expected to end the year with a slightly higher fund balance than originally
anticipated. This is primarily due to the EDA not hosting the Venture Fair that was scheduled
for 2012. There were some set up costs but the estimated savings is about $6,200. Legal costs
have been incurred for the Technology Village (Incubator) project but are estimated to be lower
than budget. Originally, the ending fund balance was anticipated to be about $4,000. Based on
the above savings, the ending fund balance is projected to be approximately $13,000.
oF PR��'P City of Prior Lake
= � Economic Development Authority Special Revenue Fund
V n
As of 09/30/2012
M �NNtiS� A (Unaudited) Variance with
2012 Amended 2012 Budget - Actual
Budget Budget Actual Positive (Negative) Percent
Revenues
Intergovernmental revenues
33610 County/city aids & grants - 15,000 15,000 - 100%
Miscellaneous revenues
362101nterestearnings 6,000 4,800 1,193 3,607 25%
39203 Transfers from other funds - 16,000 16,000 - 100%
Total revenues 6,000 35,800 32,193 3,607 90%
Expenditures
Economic development
46500 Economic development 137,923 167,723 132,843 34,880 79%
Total economic development 137,923 167,723 132,843 34,880 79%
Total expenditures 137,923 167,723 132,843 34,880 96%
Net change (131,923) (131,923) (100,650)
Page 1 of 1
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ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: October 29, 2012
AGENDA #: 7A
PREPARED BY: Dan Rogness, Community 8� Economic Development Director
AGENDA ITEM: FIBER OPTIC NETWORK DISCUSSION
DISCUSSION: Introduction
On October 11, three members of the EDA (Bob Morris, Mike Myser, Ken Hed-
berg) and city staff held a special meeting to discuss the city's high-speed fiber
initiative with three incumbent broadband service providers. Representatives
from Integra, Century Link and Mediacom attended this 1.5-hour meeting. Eric
Lampland was also present. This meeting was an effort to start direct dialogue
with the local service providers in order to explore potentiat cooperation and/or
partnerships.
His tON
On September 10, the City Council and EDA held a joint Work Session to dis-
cuss the Fiber Optic Network Feasibility report dated June 2012. One conclu-
sion made at that meeting was for the EDA to meet directly with the three local
broadband service providers. The City Council requested that a meeting be or-
ganized as a key next step in the fiber deployment evaluation process. The
Broadband Advisory Committee's recommendation is for the city to get into the
business of providing Triple Play services in order to pay for the full fiber build-
out cost. In doing so, the city would compete against the incumbent service pro-
viders, including Integra, CenturyLink and Mediacom. The EDA and City Council
prefer instead to work together with the providers in a fashion that will maximize
success and utilize resources without duplication.
Conclusion
Rogness started the meeting by giving a background on the purpose of this
meeting and the economic development goals of the city related to fiber. Each
EDA member then provided his own summary of how important this initiative is
in order to enhance business and job growth. The importance of connecting all
businesses and homes to high-speed fiber was emphasized related to the num-
ber of home-based businesses, the needs of schools, etc.
All three broadband providers applauded the city for initiating an evaluation of
the needs and build-out options for a community-wide fiber network system.
They also expressed interest in exploring ways to work together to achieve the
city's goal. However, the providers also stated that if the city intends to get into
the Triple Play service, they are not going away. In fact, they have invested
much infrastructure already that cannot be ignored, both in terms of copper and
fiber. The local providers indicated that they can get broadband speeds up to 50
megabits by enhancing the existing copper system, but they are also adding fi-
ber when needed and when opportunities exist (i.e., new subdivisions). The
general conclusion at the end of the meeting was that one-on-one meetings with
each provider would occur to get into more detail on ways to cooperate and
partner. Specific ways to achieve that end were not identified at this meeting,
and everyone agreed that this type of cooperative effort would be breaking new
ground.
ISSUES: The EDA has also previously discussed a possible independent review of the
subcommittee's fiber feasibility report. City staff received two proposals for this
review, including one from Design Nine and Springsted. Design Nine's pro-
posed cost is $6,000 compared to Springsted at $48,950 (note: even though the
cost difference is substantial, both consultants were given the same request with
8 questions to address).
The EDA may also want to discuss whether or not Lookout Point Communica-
tions should be involved in continued meetings with local providers. If yes, then
a new hourly contract should be drafted by staff and approved by the EDA.
FINANCIAL The fiber feasibility report provides cost estimates associated with the various
IMPACT: options. If the city wants to proceed with an independent review of the report,
the low cost proposal from Design Nine is $6,000.
ALTERNATIVES: 1. Request that staff continue to schedule one-on-one meetings with in-
cumbent service providers and EDA members, or an EDA subgroup.
2. Request that staff secure services of Design Nine to review the feasibility
report, or delay action until the 2013 budget year.
3. Request that staff enter into an hourly consulting agreement with Look-
out Point Communications for continued advisory services.
4. Request that staff take no further action.
5. Continue discussion to another meeting.
RECOMMENDED As directed by the EDA
MOTION:
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ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: October 29, 2012
AGENDA #: 7B
PREPARED BY: Casey McCabe, Community Development Specialist
AGENDA ITEM: TECHNOLOGY VILLAGE BUSINESS INCUBATOR DOCUMENTS
I. CONSIDER APPROVAL OF THE CITY OF PRIOR LAKE TECHNOLOGY
VILLAGE BYLAWS AND ITS REFERRAL TO THE CITY COUNCIL FOR FI-
NAL APPROVAL.
II. CONSIDER APPROVAL OF THE TECHNOLOGY VILLAGE LEASE AGREE-
MENT BETWEEN THE CITY OF PRIOR LAKE AND THE CITY OF PRIOR
LAKE ECONOMIC DEVELOPMENT AUTHORITY AND ITS REFERRAL TO
THE CITY COUNCIL FOR APPROVAL.
DISCUSSION: Introduction
The purpose of this agenda item is to request (i) EDA approval of the proposed
Technology Village Bylaws and direction to refer the bylaws to the City Council for
final approval, and (ii) request EDA approval of the Technology Village Lease
Agreement between the City of Prior Lake and the City of Prior Lake Economic
Development Authority and direction to refer the lease agreement to the City
Council for approval.
Hi StOry
The EDA has previously recommended approval of the Technology Village Busi-
ness Plan and a budget amendment request to allow the implementation of phase
I of the Technology Village incubator program. City staff has been working with
the Technology Village subcommittee to draft the necessary documents and com-
plete the initial steps necessary to implement Phase I of the Technology Village
program; including:
• Draft Technology Village Board of Directors Bylaws have been completed and
reviewed by the City Attorney.
• Draft tenant lease agreement template has been completed and reviewed by
the City Attorney.
• Application for admission has been drafted and reviewed by the City Attorney.
• City Attorney has drafted a lease agreement between the City of Prior Lake
and the City of Prior Lake Economic Development Authority for Technology
Village office space within City Hall.
• Staff is working with Wold Architects for completion of the wall construction
separating the Technology Village space from the City Hall space.
• Staff has met with Integra Telecom to review internet capabilities and options
for tenants of the Technology Village program.
• Staff has met internally to discuss timing of the City Hall office relocations.
• An article about the Technology Village program was included in the fall edi-
tion of The Wavelength.
• Marketing materials and language are being drafted.
Conclusion
EDA review and recommended approval of the Technology Village Bylaws and the
Technology Village Lease Agreement between the City of Prior Lake and the City
of Prior Lake Economic Development Authority is necessary prior to review and
approval of these documents by the City Council.
The City Attorney has reviewed and revised the attached Technology Village By-
laws and the Technology Village Lease Agreement between the City of Prior Lake
and the City of Prior Lake Economic Development Authority.
ISSUES: With the adoption of these bylaws by the City Council, the Technology Village
Board of Directors wilt be created. It is anticipated that the EDA and City Council
will receive recommendations for board member approval during their regulariy
scheduled November meetings.
The Lease Agreement between the City of Prior Lake and the City of Prior Lake
Economic Development Authority will allow the EDA to lease space within City Hali
from the City of Prior Lake and sublease the space to tenants of Technology Vil-
lage. This lease simplifies the Technology Village client approval process by al-
lowing the EDA to approve client leases and will eliminate the requirement that all
Technology Village leases are required to be approved by the City Council.
FINANCIAL Previously approved budget amendments related to Phase I of the Technology
IMPACT: Village program.
ALTERNATIVES: 1. Motion and second to approve the City of Prior Lake Technology Village By-
laws as proposed or with further amendments.
2. Upon approval, forward the recommended City of Prior Lake Technology Vil-
lage Bylaws to City Council for final approval.
3. Motion and second to approve the Technology Village Lease Agreement be-
tween the City of Prior Lake and the City of Prior Lake Economic Development
Authority as proposed or with further amendments.
4. Upon approval, forward the recommended Technology Village Lease Agree-
ment between the City of Prior Lake and the City of Prior Lake Economic De-
velopment Authority to City Council for approval.
5. Take no action and provide direction to staff.
RECOMMENDED Alternatives Number 1, Number 2, Number 3 and Number 4.
MOTION:
ATTACHMENT: 1. City of Prior Lake Economic Development Authority Bylaws.
2. Technology Village Lease Agreement between the City of Prior Lake and the
City of Prior Lake Economic Development Authority.
CITY OF PRIOR LAKE
TECHNOLOGY VILLAGE BYLAWS
Approval
EDA City Council
October 15, 2012 October 22, 2012
SECTION 100
PURPOSE
101. The purpose of the City of Prior Lake Technology Village Bylaws is to provide a set of
operating procedures for the Technology Village Board of Directors, and to establish a
code of ethics and conduct.
102: The Bylaws shall be reviewed annually by the Technology Village Board of Directors.
Changes or amendments to the Bylaws agreed to by a majority vote of the Directors at
any time may be recommended to the City Economic Development Authority ("EDA")
for final approval.
SECTION 200
STRUCTURE OF COMMITTEE
201. BOARD CREATED: The City Council will appoint a minimum of five (5) and a
maximum of nine (9) members to the Technology Village Board of Directors based on
recommendations received from the Technology Village subcommittee and the EDA.
The Technology Village Board of Directors shall include a minimum of one (1) member
of the EDA.
The Technology Village Board of Director members initially shall be appointed for
staggered terms of two and three years beginning on November 1 and ending on
October 31; and thereafter upon expiration of the initial term for three (3) year terms.
The EDA member(s) appointed to the Board shall serve terms that coincide with their
EDA term of office.
The members of the Technology Village Board of Directors shall annually elect officers
in accordance with the procedures of paragraph 205 herein.
202. DUTIES OF THE BOARD: The Board shall act in an advisory capacity to the EDA and
shall advise on matters related to Technology Village as identified herein, or as
assigned to the Board by the EDA. The Board Chair shall give an accounting of the
Board's activities with respect to its purposes, goals and objectives. Additionally,
specific powers, duties and responsibilities may be assigned to the Board upon
approval of the EDA.
The duties and responsibilities of the Board include:
1. Plan and formulate policy to guide the programming and direction of the
Technology Village program;
2. Assist in the hiring of the Executive Director position;
3. Assist in screening prospective incubator clients; and
4. Ensure the overall financial viability of the program.
5. Serve as a liaison between city government and the community;
6. In conjunction with EDA members or City staff, introduce potential or new business
representatives to others in the commercial community.
Board members should have the ability to provide network connections that will assist
the program's Executive Director in creating links to investment and professional
resources that support the success of Technology Village clients. The Board will be
instrumental in promoting Technology Village in the community and generating
awareness and understanding of the Technology Village program.
203. APPOINTMENT: The Board shall consist of a minimum of five (5) and a maximum of
nine (9) members for staggered terms of three (3) years from November 1 to October
31. The Board shall consist of a minimum of one (1) member of the EDA, the City
Manager or designee, the City Finance Director or designee, and a number of
residents, business owners, or other interested parties. The City Manager or designee
and the City Finance Director or designee shall be ex-officio, non-voting members of
the Board of Directors. Non-Prior Lake residents who are affiliated with a business
located within the City of Prior Lake or are affiliated with an organization which
provides assistance to Technology Village clients may be appointed; no more than
25% of Board members shall be non-Prior Lake residents.
204. VACANCIES: If an officer's position becomes vacant, the Board shall elect a
successor from its membership at the next regular meeting, and such election shall be
for the unexpired term of said office.
If an appointed member of the Technology Village Board resigns, is terminated, or
otherwise vacates a seat of the Board, the Prior Lake City Council may appoint a
replacement in the following manner:
1. Applications are solicited. A notice of the vacancy is made public and individuals
may be encouraged to consider the position.
2. The City Manager or designee, one (1) member of the EDA, the Executive Director,
and the Board chair, unless the office of the Board chair is vacant, shall interview a
minimum of three candidates, or all candidates in the event less than three
applications are received, and make a recommendation to the City Council. No
person may be involved in the discussion or appointment of their own successor.
3. The recommendation of the interview panel shall be presented to the City Council
and the City Council may accept or reject the recommendation. If the
recommendation is rejected, the City Council may appoint one of the other
applicants, appoint another qualified person, or reopen the vacancy to the public for
new candidates.
205. OFFICERS: The Officers of the Technology Village Board shall be a Chair, Vice-Chair
Secretary and Treasurer. The City Manager or his/her designee shall serve as
Secretary of the Board and the City Finance Director or his/her designee shall serve as
the Treasurer of the Board.
Chair: The Chair of the Board shall be appointed in November from among the
Board's membership by a majority vote of the Technology Village Board. The duties of
the Chair include:
1. Review and approve meeting agendas.
2. Preside at meetings.
3. Participate with the Technology Village selection committee and the City Council in
the selection of Board members.
4. Represent the Board as appropriate.
2
Vice-Chair: The Vice-Chair shall be appointed in November from among the Board's
membership by a majority vote of the Technology Village Board and shall perform the
duties of the Chair in his/her absence. The Vice-Chair shall assume such other duties
as assigned by the Chair.
Secretarv: The City Manager or his/her designee shall act as the Secretary and shall
be responsible for recording and compiling a written summary of all official activities of
the Board.
Treasurer: The City Finance Director or his/her designee shall act as the Treasurer
and shall receive and is responsible for all Technology Village money; shall keep an
account of the source of all receipts, and the nature, purpose and amount of all
disbursements; and shall file the Technology Village's detailed financial statement with
its secretary at least once a year at times set by the EDA.
206. TERM LIMIT: It is the policy of the Prior Lake City Council to impose a three term (or 9
year) service limitation for all appointed positions within the committees and
commission. Partial terms do not count toward the term limitation. The purpose of the
term limit policy is to encourage resident participation on City advisory bodies and
provide community members with the opportunity to participate in their local
government.
207: REMOVAL OF MEMBER: Any member of the Technology Village Board may be
removed from the Board by a four-fifths (4/5) vote of the EDA. In addition, any member
may be removed for regular nonattendance at Board meetings by a four-fifths (4/5)
vote of the EDA.
SECTION 300
STATEMENT OF ETHICS
301: POLICY STATEMENT: The City of Prior Lake recognizes our system of democratic
representative government is dependent in large measure upon people having trust
and confidence in their public officials. The public rightfully expects governmental
officials will conduct City of Prior Lake business in ways which benefit the public
generally and that public office will not be used chiefly or improperly to advance
personal interest. The City of Prior Lake has pledged that the goals of fair, efficient
and honest government will be fostered and that it will strive for integrity and objectivity
from all of its officials.
1. The City of Prior Lake finds that the proper operation of democratic representative
government requires that:
• Elected and appointed officials be independent, impartial and responsible to the
people;
• Governmental decisions and policy be made in the proper channels of the
governmental structure;
• Public office not be used for personal gain; and
• The public have confidence in the integrity of its government.
2. The City of Prior Lake shall adhere to the highest ethical standards that enhance
public trust in local government by:
• Creating transparency in its actions through honest and open communication;
3
• Basing decisions and adopting public policies based on what is in the best
interest of the public and overall community;
• Supporting the public's right to know the public's business;
• Exercising fairness, optimism, responsiveness and respect in communicating
with the public; and
• Providing a forum and periodic training for staff, public and appointed officials to
discuss organizational values that reflect high standards and current conditions
and concerns.
3. This Statement of Ethics shall be liberally construed in favor of protecting the
public's interest in full disclosure of conflicts of interest and promoting ethical
standards of conduct.
302: GIFTS AND FAVORS: No public or appointed official shall accept any gift, favor or
thing of significant value, whether in the form of money, service, loan, thing or promise
from any person which to the official's knowledge is concerned, directly or indirectly in
any manner whatsoever in business dealings with the City. Acceptance of plaques,
trinkets, mementos, or informational material with a resale value of five dollars ($5) or
less is permitted.
303: USE OF EQUIPMENT AND FACILITIES: No public or appointed official shall request
or permit the unauthorized use of City-owned vehicles, equipment, materials, property,
labor or services for personal convenience or profit.
304: CONFLICT OF INTEREST: Except as authorized in Minn. Stat. 471.88, a public officer
who is authorized to take part in any manner in making any sale, lease, or contract in
official capacity shall not voluntarily have a personal financial interest in that sale,
lease, or contract or personally benefit financially therefrom. (Minn. Stat. Section
471.87)
305: A public official or local official elected to or appointed by a metropolitan governmental
unit who in the discharge of official duties would be required to take an action or make
a decision that would substantially affect the official's financial interests or those of an
associated business, unless the effect on the official is no greater than on other
members of the official's business classification, profession or occupation, must take
the following actions:
1. Advise the City Attorney of the potential conflict of interest as soon as possible,
preferably before the meeting; and
2. The City Attorney shall determine whether a disqualifying conflict of interest exists.
3. Orally inform the Board of the potential conflict and abstain from any participation in
that agenda item if a conflict is found to exist.
The purpose behind the creation of a rule, which would disqualify public or appointed
officials from participating in proceedings in a decision-making capacity when they
have a direct conflict of interest in its outcome, is to ensure that their decision will not
be an arbitrary reflection of their own selfish interests.
306: MISUSE OF OFFICIAL POSITION: No elected or appointed official may use his or her
official position for a purpose that is, or would to a reasonable person appear to be
primarily for the private benefit of the official.
SECTION 400:
CONDUCTING MEETINGS
4
401: REGULAR MEETINGS: In conformance with the Minnesota Open Meeting Law all
meetings of the Board are open to the public. Regular meetings shall be held on a
minimum of a quarterly basis during each calendar year at Prior Lake City Hall, 4646
Dakota Street SE, Prior Lake, Minnesota. Regular meetings may be rescheduled,
canceled or changed depending upon unique circumstances and subject to the
approval and consent of both the Chair and Vice-Chair.
402: NOTIFICATION: All regular meetings of the Board shall be noticed as required by the
Minnesota Open Meeting Law.
403: SPECIAL MEETINGS: Special Meetings of the Board may be called by the Chair, or
two (2) members of the Board for the purpose of transacting any business designated
in the notice. Staff may recommend calling a special meeting, but must receive
approval from either the Chair or two members of the Board. At such meetings, no
business shall be considered other than as designated in the notice of the meeting, as
identified in paragraph 402 herein.
404: QUORUM FOR REGULAR AND SPECIAL MEETINGS: Fifty percent of Board
members shall constitute a quorum for the purpose of conducting its business, but a
smaller number may adjourn from time to time until a quorum is obtained. When a
quorum is in attendance, action may be taken by the Board upon a vote of a majority of
the Board present.
405: CONDUCT OF BUSINESS AT MEETINGS: The agenda for a regularly scheduled
meeting shall include the following in order of business:
1. Call to Order
2. Approval of Minutes
3. Old Business
4. New Business
5. Staff Update
6. Adjournment
406: PUBLIC HEARINGS: The Technology Village Board may, at the request of the EDA,
conduct a Public Hearing on any subject or issue relating to matters within the scope of
its jurisdiction. The Board will prepare a report to the EDA based on the public input
received on the subject or issue.
407: VOTING: The City Manager or designee and the City Finance Director or designee
shall be ex-officio, non-voting members of the Board of Directors. All other members of
the Board have equal voting authority.
SECTION 500
SCOPE OF POWERS AND DUTIES
502: SUBCOMMITTEES: The Board may divide its membership into Subcommittees as it
deems necessary to implement its goals and objectives.
SECTION 600
AMENDMENTS
601: AMENDMENTS: These bylaws shall be reviewed by the Board annually. The Board
may recommend revised bylaws at any time to the EDA for final approval.
5
TECHNOLOGY VILLAGE
LEASE AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND
THE CITY OF PRIOR LAKE ECONOMIC DEVELOPMENT
AUTHORITY
THIS LEASE, made this day of , 2012, by and between the CITY OF
PRIOR LAKE, hereinafter referred to as "LESSOR", and CITY OF PRIOR LAKE ECONOMIC
DEVELOPMENT AUTHORITY, hereinafter referred to as "TENANT":
WITNESSETH THAT:
1. PREMISES. LESSOR does hereby lease to TENANT and TENANT hereby hires and takes
of and from LESSOR those certain premises known and designated as Suite(s) C102, C103, C104,
C105, C106, C108 and C111 at 4646 Dakota Street SE, Prior Lake, MN 55372, containing
approximately 2,000 square feet of net rentable area, outlined in red on Exhibit A, attached hereto
and incorporated herein, hereinafter referred to as the "Leased Premises" or "Premises".
2. INITIAL TERM The initial term of this Lease shall be 3 years, commencing on the l day
of December, 2012, and continuing thereafter to and including the 30 day of November, 2015
unless extended or earlier terminated as hereinafter provided.
3. BASE RENT. The TENANT shall pay to LESSOR during the initial term of this Lease an
annual Base Rent of $1.00 per year. The Base Rent shall be payable on January 1 of each year.
4. OPTION TO EXTEND. TENANT, provided it is not in default under the terms and
conditions of this Lease, shall have the option of extending this Lease for an additional 3 year
term. Such option shall be exercised by TENANT notifying LESSOR in writing at least one
hundred eighty (180) days prior to the eXpiration of the initial term of its intent to exercise said
option. During said option period, all terms and conditions of this Lease shall remain the same.
5. USE OF PREMISES. The Leased Premises shall be used for the purpose of general office
use only. The Premises shall be used for no other purpose.
6. ACCEPTANCE OF PREMISES. Taking possession of the Leased Premises by TENANT
shall be conclusive evidence that Leased Premises were, on that date, in good, clean and tenantable
condition and as represented by LESSOR.
7. RIGHT TO ASSIGN OR SUBLET. TENANT shall not assign this Lease without first
obtaining on each occasion the written consent of LESSOR. TENANT shall have the right to
sublet all or any portion of the Leased Premises without obtaining LESSOR's consent. Neither this
Lease nor any interest therein, nor any estate thereby created, shall pass to any trustee or receiver in
bankruptcy, or any assignee for the benefit of creditors, or by operation of law.
1
8. RULES AND REGULATIONS. TENANT shall use the Leased Premises and the public
areas in the Building in accordance with such rules and regulations as may from time to time be
made by LESSOR for the general safety, comfort and convenience of the owners, occupants and
tenants of the Building, and shall cause TENANT'S customers, employees and invitees to abide by
such rules and regulations.
9. RIGHT TO ENTER. LESSOR, its agents and representatives may at any and all reasonable
times during the day and night enter to view and inspect the Leased Premises, or to clean and
maintain the same, or to make repairs, or to make such improvements or changes in the Leased
Premises or the Building as LESSOR may deem proper. There shall be no diminution of rent or
liability on the part of LESSOR by reason of inconvenience, annoyance or injury to business on
account of any such entry or acts by LESSOR, its agents or representatives.
10. PERSONAL PROPERTY RISK. LESSOR shall not be liable to TENANT, ar those
claiming through or under TENANT, for injury, death or property damage occurring in, on or about
the Building and appurtenances thereto, and TENANT shall indemnify LESSOR and hold it
harmless from any claim or damage arising out of any injury, death or property damage occurring
in, on or about the Leased Premises, to TENANT or any employee, customer or invitee of
TENANT.
11. WAIVER OF SUBROGATION. The parties release each other and their respective
authorized representatives from any claims for damage to any person or the Leased Premises or the
Building, and to the fixtures, personal property, improvements, and alterations of either LESSOR or
Tenant, in or on the Leased Premises and the Building that are caused by or result from risks
required to be insured against insurance in policies carried by the parties and in force at the time of
any such damage. Each party shall cause each insurance policy required to be carried under this
Lease to provide that the insurance company waive all right of recovery by way of subrogation and
shall, upon notice from the other, provide evidence to the other that such insurance provider has
waived such rights.
12. SUBORDINATION. TENANT agrees that this Lease shall, at the request of the LESSOR,
be subordinate to any mortgages or deeds of trust that may hereafter be placed upon said premises
and to any and all advances to be made thereunder, and to the interest thereon, and all renewals,
replacements and extensions thereof, provided the mortgagees or trustees named in said mortgage
or trust deeds shall agree to recognize the Lease of TENANT in the event of foreclosure if
TENANT is not default
13. TENANT TO SURRENDER PREMISES. Upon the expiration or termination of the term
of this Lease, TENANT shall at its sole expense: (i) remove TENANT'S goods and effects and
those of all persons claiming under TENANT; (ii) quit and deliver the Leased Premises to
LESSOR, peaceably and quietly, in as good order and condition as the same were in on the date the
term of this Lease commenced or were thereafter placed by LESSOR, reasonable wear and tear
excepted; and (iii) at LESSOR'S request, restore the Leased Premises to general office standards
adopted from time to time by LESSOR for general application throughout the Building. Any
property left in the Leased Premises after the expiration or termination of the term of this Lease
shall be deemed to have been abandoned and the property of LESSOR to dispose of as LESSOR
deems expedient.
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14. UTILITIES AND SERVICES. LESSOR will furnish reasonable heat and air conditioning
during usual business hours and during the usual and appropriate seasons. LESSOR will also
furnish electricity for standard Building lighting and office use, electric lamps, starters and ballasts
used in the Leased Premises, water, elevator service and toilet facilities during usual business hours
and janitorial services.
15. TEMPORARY INTERRUPTION OF SERVICES LESSOR shall not be liable to
TENANT, its agents, employees, representatives, customers or invitees for any inconvenience, loss
ar damage or for any injury to any person or property caused by or resulting from any casualties,
riots, strikes, picketing, accidents, breakdowns and any cause beyond LESSOR'S reasonable
control, OR from any temporary failure or lack of such services and TENANT shall indemnify
LESSOR and hold LESSOR harmless from any claim or damage because of such inconvenience,
16. NOTICES. A bill, statement, notice or communication which LESSOR desires to or is
required to give to TENANT, including any notice of termination, shall be deemed sufficiently
given or rendered if in writing, delivered to TENANT personally, or sent by registered or certified
mail, addressed to TENANT at the Leased Premises, or left at the Leased Premises, addressed to
TENANT, and the time of rendition or giving shall be deemed to be the time when the same is
delivered to TENANT, or mailed or left at the Leased Premises as herein provided. Any notice by
TENANT to LESSOR must be served by registered or certified mail addressed to LESSOR at the
address where the last previous rental hereunder was payable, or upon notice given to TENANT at
such other place as LESSOR designates.
17. LESSOR'S RIGHT TO CURE DEFAULTS If TENANT defaults in the observance or
performance of any of TENANT'S covenants, agreements or obligations hereunder wherein the
default can be cured by the expenditure of money, LESSOR may, but without obligation, and
without limiting any of the remedies which it may have by reason of such default, cure the default,
charge the cost thereof to TENANT, and TENANT shall pay the same forthwith upon demand. In
the event the same shall not be paid to LESSOR within ten (10) days from the date of billing, the
same shall bear interest at the rate of five percent (5%) per annum. When any sum of money
hereunder becomes due to LESSOR by TENANT, such sum shall be deemed to be additional rent
due hereunder.
18. DEFAULT. If TENANT shall default in the payment of any installment of rent, or in the
observance or performance of any of TENANT'S other covenants, agreements or obligations
hereunder and such default is not cured by TENANT within ten (10) days with respect to payment
of rent or within thirty (30) days after notice by LESSOR of any other default, or if any proceeding
is commenced by or against TENANT for the purpose of subjecting the assets of TENANT to any
law relating to bankruptcy or insolvency or for an appointment of a receiver of TENANT or any of
TENANT'S assets, or if TENANT makes a general assignment of TENANT'S assets for the benefit
of creditors, then, in any such event, LESSOR may (i) without process, reenter immediately into the
Leased Premises and remove all persons and property therefrom and at its option, terminate this
Lease as to all future rights of TENANT and have, regain, repossess and enjoy the Leased Premises,
anything contained herein to the contrary notwithstanding, and TENANT hereby expressly waives
the service of any notice in writing of intention to reenter as aforesaid, and also all right of
restoration or possession of the Leased Premises. In case of any such termination, TENANT will
indemnify LESSOR against all loss of rents and other damages which it may incur by reason of
such termination during the residue of the Lease term, and also against all attorneys' fees and
3
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expenses incurred in enforcing any of the terms of this Lease; or at LESSOR'S sole option, (ii)
reenter and take possession of the Leased Premises in the manner provided in (i) immediately
above, without such reentry constituting a cancellation or termination of this Lease or a forfeiture of
the base rent and additional rent to be paid or of the covenants, agreements and conditions to be
kept and performed by TENANT for and during the remainder of the term hereof. Failure of
LESSOR to notify TENANT in writing of its election hereof at the time it reenters and takes
possession of the Leased Premises shall indicate an election to reenter and take possession without
terminating this Lease.
To secure the payment of rent for the Leased Premises and the other obligations of the
TENANT, all as herein agreed, TENANT does hereby pledge and give a lien to LESSOR upon all
fixtures and furniture of every kind and nature now or hereafter placed in the Leased Premises,
which said fixtures and furniture may, upon the termination of this Lease, and upon the payment in
full of all sums of money then due, and not otherwise, be removed from the Leased Premises by
TENANT.
LESSOR shall have the right to show the Leased Premises for leasing at all reasonable
times during the last three (3) months of this Lease.
LESSOR shall not be deemed to be in default under this Lease until TENANT has given
LESSOR written notice specifying the nature of the default and LESSOR does not cure such default
within thirty (30) days after receipt of such notice or within such reasonable time thereafter as may
be necessary to cure such default if such default is of such a character as to reasonably required
more than thirty (30) days to cure.
19. MISCELLANEOUS. There are no understandings or agreements not incorporated in this
Lease, except as may be provided in a written addendum signed and accepted by both parties. This
is a Minnesota contract and shall be construed according to the laws of Minnesota. The captions in
this Lease are for convenience only and are not a part of this Lease. The covenants and agreements
hereof shall as fully and completely bind the heirs, executors, administrators, legal representatives,
successors and assigns of the parties hereto as if they have been specifically mentioned in each of
said covenants and agreements. If any provision in this Lease should for any reason be adjudged
invalid or illegal, that provision shall be deemed omitted herefrom and shall not invalidate any
other provision of this Lease and the remainder hereof shall remain in full force and effect. The
riders and/or exhibits attached to this Lease, consisting of two 2 pages, are hereby declared to be a
part of this Lease to the same extent and in the same manner as if the provisions thereof were
actually embodied in this Lease.
20. TERMINATION. Either party may terminate this Lease at any time for any reason with 30
days prior written notice to the other party. In the event of termination as a result of a partial or
entire condemnation of the Premises, all damages paid as a result of the condemnation are the
property of the LESSOR and TENANT shall have no right to the damages. In the event of
termination as a result of casualty affecting all or a portion of the Premises, TENANT shall have no
claim against LESSOR arising out of the casualty nor to any payments made to LESSOR under
LESSOR's insurance. In no event shall LESSOR be responsible to TENANT for damage to, or
destruction of, any furniture, equipment or improvements on or about the Premises regardless of the
cause of the damage or destruction.
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IN WITNESS WHEREOF, LESSOR and TENANT, respectively, have duly signed this Lease, the
day and year first above written.
LESSOR: City of Prior Lake TENANT: Cit�of Prior Lake Economic
Development Authority
By: By:
Its: Mayor Its: President
By: By:-----------------------------------------
Its: City Manager Its: Executive Director
State of Minnesota )
: ss.
County of Scott )
The foregoing instrument was executed and acknowledged before me, a Notary for said County,
this _ day of , 20_, by and , the
Mayor and City Administrator respectively of the City of Prior Lake, the LESSOR mentioned in the
foregoing Lease.
(NOTARY SEAL)
Notary Public
State of Minnesota )
: ss.
County of Scott )
The foregoing instrument was executed and acknowledged before me, a Notary for said County,
this _ day of , 20_, by , the President, of the Ci of
Prior Lake Economic Development AuthoritX, the TENANT mentioned in the foregoing Lease.
(NOTARY SEAL)
Notary Public
5
i
EXHIBIT A
LEASED PREMISES
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v �'' 4646 Dakota Street SE
Prior Lake. MN 55372
�INNESO�
ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: October 29, 2012
AGENDA #: 8A
PREPARED BY: Casey McCabe, Community Development Specialist
AGENDA ITEM: DISCUSSION WITH GENE GODDARD, GREATER MSP
DISCUSSION: Introduction
Gene Goddard will join the EDA as a guest speaker at the October 29' meeting. Mr.
Goddard is the Director of Business Investment for GREATER MSP. Gene is respon-
sible for leading the coordination of new business investment projects for the Greater
Minneapolis Saint Paul region by working with business decision makers, consultants
and corporate real estate managers looking for project locations in the region. The
City of Prior Lake is a member of GREATER MSP through SCALE.
Historv
Before joining GREATER MSP, Gene spent 20 years with the Minnesota Department
of Employment and Economic Development (DEED), most recently as a Senior Busi-
ness Development Specialist, working with "high value" business development pro-
jects and serving as the Metro Area Regional Representative for the Minnesota Office
of Business Development (OBD).
Throughout his time at DEED, Gene assisted in packaging over $800 million in private
and public financing to support business development projects throughout the State of
Minnesota. Some of his business expansion clients include: Cargill, Nestle, Michael
Foods, Coloplast, CHS, FibroMinn, United Health Group, General Mills, St. Jude Med-
ical, Goodrich and Emerson. He was also the lead author of several handbooks and
reports published by DEED and the lead OBD staff for the Minnesota "Shovel Ready"
Certified Development Sites program.
Current Circumstances
During previous meetings of the EDA, members discussed the value of inviting guest
speakers. The ability of the EDA to hear from area business development experts
may bring insight on how the City of Prior Lake and its economic development efforts
are viewed from outside the community.
Conclusion
Staff encourages you to look at their website prior to the meeting at
www.qreatermsp.orq. Members of the EDA may wish to formulate some questions for
Mr. Goddard with respect to the priorities we have chosen and the efforts we are mak-
ing to determine if he has any suggestions which may be helpful.
ISSUES: Discussion Only.
FINANCIAL None.
IMPACT:
ALTERNATIVES: Discussion Only.
RECOMMENDED Discussion Only.
MOTION:
O � PI2Ip
� �
v �' 4646 Dakota Street SE
Prior Lake_ MN 55372
�
ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: October 29, 2012
AGENDA #: 8B
PREPARED BY: Casey McCabe, Community Development Specialist
AGENDA ITEM: EDAC REPORT
DISCUSSION: EDAC Report
The EDAC met on September 27, 2012 with a quorum present. The meeting
agenda included the following items:
Guest Speaker — Chad Bohnsack, Scott County Commercial Appraiser
Chad Bohnsack, Scott County Commercial Appraiser, attended the EDAC meet-
ing and led a discussion about commercial and industrial property valuations in
our community and throughout Scott County. Chad stated the assessor's office
has two primary functions; valuation and classification. Chad shared how Scott
County determines a property's market value, the different approaches to value,
and how the City of Prior Lake compares to other Scott County communities in
total square feet of commercial/industrial space and commercial/industrial valua-
tions. Highlights from the presentation and discussion included:
• A value comparison showing the increase in property value and total com-
mercial/industrial value in Prior Lake, Savage, Shakopee and Scott County in
2002 and 2012. It was noted that Prior Lake is the second largest city in the
county in terms of total property value at $2,476,159,900 for taxes payable
2012.
• A sales and listing comparison which highlighted the location and pricing of
available commercial and industrial property available in Prior Lake com-
pared to other properties in Shakopee. The listing information indicated a
wide range of pricing based largely on location.
• Mr. Bohnsack responded to a question related to the estimated impacts to
the City from an additional 200,000 square feet of new construction. Mr.
Bohnsack stated the impact on the tax would depend on a number of cir-
cumstances including local budgets, value of the improvements, changes in
values of remaining properties, law changes, etc. Assuming a total value of
the proposed improvements at $8,000,000 and budgets remaining flat and
everything else remains the same, the total tax generated from the proposed
development would be $290,873 with the City's share of tax increase being
$28,183.
• Mr. Bohnsack shared the 2012 payable effective tax rates for the county
which showed Prior Lake has a commercial/industrial rate of 3.23%, which is
the second lowest in the County to Shakopee which has an effective tax rate
of 3.2% for commercial/industrial.
Prior Lake Farmer's Market Location
During the August EDAC meeting, a committee member requested the Prior
Lake Farmer's Market location be placed on the September meeting agenda for
additional EDAC discussion related to potential alternative locations. The loca-
tion of the Farmer's Market has been discussed numerous times over the past
few years and many alternative sites have been investigated by city staff as
possibilities. In February 2012, the EDAC determined the current location on
Main Avenue SE was the most appropriate location at this time; however, the
EDAC requested to discuss additional locations.
The EDAC requested City staff evaluate a possible Farmer's Market location
along Erie Avenue related to parking stalls, dimensions, and display area and
report back to the EDAC at a future meeting.
EDAC Annual Report — November 26� City Council Work Session
The EDAC has been invited to a City Council work session on Monday, Novem-
ber 26, 2012 at 4:30 p.m. The purpose of the work session is to allow all adviso-
ry committees an opportunity to present the City Council with a report of activi-
ties completed in 2012 and a planned list of activities to be completed in 2013.
During the October meeting, EDAC members will discuss what information
should be included in the presentation and which member(s) of the committee
are available to attend and present the information at the Nov. 26 meeting.
EDAC Terms Ending October 31, 2012
The EDAC currently has four members who will not renew their terms when they
expire on October 31, 2012. The City of Prior Lake has received applications
from five people interested in serving on the EDAC. The City is in the process of
interviewing applicants in compliance with the EDAC Bylaws.
City staff also provided the EDAC with an EDA activity update related to broad-
band fiber optic network, Technology Village incubator and the broker/developer
panel discussion held by the EDA on September 17
ISSUES: Discussion Only.
FINANCIAL Discussion Only.
IMPACT:
ALTERNATIVES: Discussion Only.
RECOMMENDED Discussion Only.
MOTION:
O .� PRlp�
� �
v "�'' 4646 Dakota Street SE
Prior Lake_ MN 55372
�
ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: October 29, 2012
AGENDA #: 8C
PREPARED BY: Casey McCabe, Community Development Specialist
AGENDA ITEM: EDAC RECOMMENDATIONS FOR "BUSINESS FRIENDLY" ZONING
AMENDMENTS (INDUSTRIAL)
DISCUSSION: Introduction
As a result of public comments received at the 2011 Meet-N-Greet event related
to restrictive zoning and development requirements in the City of Prior Lake,
both the EDAC and EDA have held numerous discussions to identify opportuni-
ties to make the City of Prior Lake more "business friendly".
History
Under the direction of the EDAC, Community and Economic Development staff
has spent a great deal of time researching the building standards and zoning
ordinance requirements from peer communities in the region. The results were
used to determine if the City of Prior Lake was more restrictive, less restrictive or
had similar zoning and use requirements of surrounding communities.
The zoning and land use comparison indicates Prior Lake is more restrictive
than peer communities in some areas and less restrictive in others. Generally, it
doesn't appear that Prior Lake is overly restrictive but areas were identified
where the City can amend the zoning ordinance to ensure the zoning require-
ments and development standards are similar to the surrounding communities
and the development process is as simple as possible.
Conclusion
Attached is a peer community comparison survey which identifies the building
standards and zoning requirements from the peer communities studied as well
as the initial recommended zoning ordinance amendments from the EDAC and
City staff. The recommended zoning ordinance amendments are in draft form
and EDA members will be provided with an opportunity to comment.
City staff would appreciatecomments and direction from the EDA and make any
recommended changes. Staff anticipates presenting the recommended zoning
ordinance amendments to the Planning Commission in November and the City
Council in December.
ISSUES: City staff and EDA members must ensure that any proposed amendment to the
Zoning Ordinance will not have a negative effect on the health, safety, and wel-
fare of surrounding properties or community residents. The EDA should also
consider whether the proposed amendments lead to quality development which
has been an objective of our 2030 Vision and Strategic Plan.
FINANCIAL None.
IMPACT:
ALTERNATIVES: 1. Motion and Second recommending proposed amendments to the Zoning
Ordinance, as approved or with further amendments, be forwarded to the
Planning Commission and City Council for review and approval.
2. Continue discussion at a future meeting.
RECOMMENDED Alternative No. 1.
MOTION:
ATTACHMENTS: 1. Peer Community Comparison Survey
2. Draft Zoning Ordinance Amendment Language
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Light Processing Recycling Facility CU CU
Designated Recycling Center CU CU
Research & Testing Laboratories P P
Retail Sales (limited) AC AC
Self-Service Storage Facility PUC
Showroom P
Transportation Facility PUC CU
Utility Substations PUC CU
Business/Trade School P
Warehouse/Storage/Distribution P P
Waste Hauler PUC
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Zoning Ordinance
SECTION 1101
GENERAL PROVISIONS
SUBSECTIONS
1101.100: Purpose and Intent
1101.200: Overview
1101.300: Rules of Construction
1101.400: Definitions
1101.500: General Provisions
1101.600: Districts Established
1101.700: Zoning Map
1101.800: Boundaries
1101.900: Uses Not Listed
1101.1000: Land Use Descriptions
1101.1100: Motorcycles
(1101.100 - 1101.1000 and 1101.1100 were
removed for purposes of this Zoning Ordinance review only)
1101.1000: LAND USE DESCRIPTIONS: The land use categories permitted by this Ordinance
are described in this Subsection. Subsection 1109.102 empowers the Zoning
Administrator to make interpretations identifying which land use category a
proposed land use fits within.
Adult Day Care. A facility that provides care to adults on a regular basis for
periods of less than 24 hours in a structure which is not the residence of the facility
operator. Some characteristics of this use are similar to Family Day Care and
Nursing Homes. This use is appropriate in Commercial Use Districts provided
there is accessibility to outdoor areas for sitting and exercise. Persons served by
an adult day care facility are most like nursing home residents or individuals with
developmental disabilities or challenges.
Adult Uses. As defined in Section 1111 of the Citv of Prior Lake Zoninq
Ordinance, as may be amended from time to time.
Agriculture. Establishments engaged in the production of crops, plants or vines,
including forestry. The term also applies to establishments in existence on the
effective date of the Ordinance which are engaged in the keeping, grazing or
feeding of livestock.
Agricultural Commodities Sales. The temporary display and sale of flowers,
produce and Christmas trees and other greens which are associated with
Christmas.
Airport. Any land or structure which is principallv used or intended for use for the
landinq and takeoffs of aircraft, and anv land or structure accessorv thereto.
Ciry of Prior Lake
June !, 2009 1101/pl
Zoning Ordinance
Alternative School. A school which offers a curriculum which is equivalent to but
is a substitute for the curriculum commonly found in more traditional public or
private schools.
(Amd. Ord. 109-11, publ. 7/11 /09)
Animal Handling. The sale, boarding, treatment and care of privately owned
small animal pets; may include dogs, cats, fish, reptiles and other mammals but
excluding large animals such as horses, farm animals (including ostriches) or
animals raised for slaughter. Characteristics may include special refuse, storage,
noise, odor and other nuisance characteristics.
Animal Kennel. Any premises where 4 or more animals are owned, boarded,
bred or offered for sale.
I Appliance, Small Engine and Bicycle Repair. Maintenance and repair of
appliances, small engines, bicycles and similar items. Characteristics include
some outdoor activity and noise.
Auto Body/Painting. A facility for painting, straightening, replacing and repairing
the frame and body parts of motor vehicles usually damaged as result of an
accident or as a result of exposure to the elements; it includes the outdoor storage
of damaged and dismantled vehicles, and may generate odor and noise; this use
excludes junkyards and automobile wrecking yards.
Automatic Car Wash. A facility designed to wash automobiles and light trucks
with little or no human intervention. The facility utilizes automated equipment and
wash cycles are relatively short. These facilities are typically accessory to other
automotive related land uses and may sporadically cause congestion on its site.
Bank. A facility for the deposit, management and lending of money, frequently
with accessory drive-up facility. This use includes banks and savings and loans
but not insurance companies and stock brokerage firms. Characteristics may
include high peak hour traffic on certain days.
Bar. A facility where the primary use is the sale of alcoholic beverages for
consumption on the premises. Minors are excluded from entry by law.
Characteristics include late hours, high parking demand, noise, trash and litter and
heavy off-peak traffic. Use is often found in conjunction with restaurants, hotels
and night clubs.
Bed and Breakfast Establishment. A private, owner-occupied residence with
guest rooms where temporary lodging facilities and some meals are provided to
paying lodgers within single family or two family dwellings. The lodging is
subordinate and incidental to the main residential use of the building. Indoor
recreational facilities for the use of the residents and paying lodgers may be
included.
I Building Construction Structures. A structure used by a contractor or leasing
agent as an office or for storage purposes for a construction project for which a
building permit has been secured and is in effect; this use includes construction
trailers, sales and leasing.
Ciry of Prior l,ake
Jz�ne I, 2009 11�1/�2
Zoning Ordinance
Buildinp Material Sales. An establishment that sells or rents buildinp supplies,
construction equipment, or home decoratinq fixtures and accessories. This term
does not include a home improvement center.
Business/Trade Schoo/s. A Facility serving adults and sometimes high school
age persons which provides specialized education to develop a skill to prepare for
a specific job. Equipment or processing which simulates an industrial or
commercial work setting may be included.
Business Services. Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis, such as advertising and
mailing, building maintenance, employment services, management and consulting
services, protective services, equipment rental and leasing, commercial research,
development and testing, photo finishing and personal supply services.
Car Wash. A structure, or portion thereof, containing facilities for washinq motor
vehicles by hand or by usinq production-line, automated or semi-automated
methods for washinq, whether or not emplovinq a chain convevor, blower, steam-
cleaning or similar mechanical device.
Carnivals, Festivals and Promotional Events. Tents and stands used for
entertainment, display and sale of food and merchandise, and amusement rides
permitted for a period not exceeding fourteen days.
Club/Lodge. A facility operated by an association of persons primarily not for
profit where social, education, recreational or dining activities are provided.
Services provided are not customarily carried on as a business and may include
dining, consumption of alcoholic beverages, dancing, legal gambling, and
meetings. Characteristics may include late hours, high parking demand, noise and
heavy off-peak traffic.
Cluster Housing. Dwelling units attached in a single structure, each having a
separate private outdoor entrance. Dwelling units may be located on individual lots
or on a lot in common. Density shall not exceed that of the applicable zoning
district. Characteristics may include a larger building mass and scale and larger
concentrations of paved surfaces than single family detached dwellings.
Commercial Recreation. Includes low-intensity uses that can function without
municipal sewer or water, and usually require a large amount of open space. Such
uses may be seasonal or temporary in nature. Includes uses such as fairs,
agricultural exhibits, tractor pulls, shooting ranges and private airports, but does
not include amusement parks, water slides or combat games.
Community Centers. A place, structure, area or other facility which is open to the
public and designed to accommodate and serve significant segments of the
community and which is used for educational, religious, fraternal, social and
recreational programs. This use may include accessory food service and
accessory retail shops.
Contractors Yard. Any land used primarily for the storage of equipment,
vehicles, machinery (new or used), building materials, paints, pipe, or electrical
ciry of Pr�ar Lake
Jz�ne 1, 2009 1101/p3
Zoning Ordinance
components used by the owner or occupant of the premises in the conduct of
any building trade or craft.
Convention and F�hibition Center. A facility providing large and small meeting
rooms for the assembly of persons and the display of products and information; it
may include banquet kitchens and facilities. Characteristics include heavy parking
and loading area requirements and large scale buildings.
Copy Shop. A facility in which retail oriented graphic and photographic
reproductive services are conducted. These services may include the collating
and binding of booklets and reports. This does not include industrial operations
where printing is of a commercial nature.
Country Club. A golf course and associated clubhouse which may contain in
addition to locker and shower rooms, dining and bar facilities, meeting rooms and
other spaces for large social functions. Typically open only to members and
characteristics may include significant trip generation on evenings and weekends.
Dry Cleaning, Laundering with Route Pick-up and Delivery. A facility where
clothing, diapers or other fabrics are cleaned by dry cleaning or laundering
processes. Materials to be cleaned may be brought to the site either by pick-up
and delivery trucks operated as part of the business or by customers who drop off
and pick up their own materials to be cleaned. The use may include the storage of
delivery vehicles on the site.
Elderly Housing. A development intended and operated for occupancy by at
least one person 55 years of age or older per unit, provided that (a) at least 80
percent of the units are occupied by at least one person 55 years of age or older
per unit; and (b) there is publication of, and adherence to, policies and procedures
that demonstrate an intent by the owner or manager to provide housing for
persons 55 years of age or older.
Education/Academic. Public - Neighborhood or district based education services
normally provided to children through young adult age; the use may include
evening or off-hour service to adults in the community. This use generally includes
an accessory food service and some retail facilities to serve students and facility.
Private - Community or regional based education service normally provided to
persons through young adult age; facilities similar to public education facilities
above.
Family Day Care. A facility that provides care, protection and supervision of
children in a private residence for periods of less than 24 hours for a fee. The size
of the outdoor play area, the maximum number of children who may be served,
and the number and qualifications of required outside teachers or helpers are set
forth in Minnesota State Statutes which may be amended from time to time. This
use may be licensed by other agencies. It generates about 4 vehicle trips per child
per day.
Food Service. The sale of food and beverages which are prepared and served in
individual portions in a ready to consume state for consumption off-site; includes
seating for not more than 10 persons. Characteristics may include truck and
vehicle traffic, cooking odors and refuse. The preferred location is on major
Ciry of Prior Gnhe
.Iune l, 2009 1101/p4
Zoning Ordinance
thoroughfares with no access to local residential streets. This use is often found in
conjunction with motor fuel stations and grocery stores.
Freight Terminal. Short-term storage and transshipment of materials and the
outdoor storage of trucks and related equipment. Characteristics include high
volumes of large truck traffic.
Funeral Home. A facility where funeral services are held and where embalming
and other processes occur in preparation of the deceased for burial; it may include
the storage of caskets, funeral urns and other related funeral supplies, and it
usually provides vehicles to transport the deceased to the place of burial. This use
does not include a crematorium. Characteristics include intermittent periods of
high traffic generation.
Go/f Course. A facility for playing golf outdoors which consists of golf holes,
clubhouse facilities which may contain lockers, shower rooms and incidental sale
of golf related items, and off-street parking facilities.
Group Day Care/Nursery School. A non-residential facility where child care,
protection and supervision services are provided for a fee on a regular basis for
periods of less than 24 hours. This use requires a large, sensitively located
outdoor play area and it generates about four vehicle trips per child per day.
Group Home - Non-Statutory. Occupancy of a residential structure by persons in
need of specialized protection and resident staff who usually live together as a
housekeeping unit for a limited period of time. This use may include outpatient
group counseling, some supervision, forced detention, treatment for mental illness
and chemical addiction, protective shelter, half-way house, and release programs.
The facility may be licensed by the State but is not mandated.
Gun Ranpe, Indoor. An indoor facilitv where firearms are discharqed at tarqets in
a fullv enclosed buildinq of masonry construction.
Heavv Epuipment & Specialized Vehicle Sale, Rental 8 Service. Buildinps and
premises for the sale, rental and servicinq of trucks of the followinq vehicle types:
1. Farm and Construction machinerv or equipment;
2. Buses and vans desiqned primarily for the transportation of ten (10) or
more passenqers;
3. Motor homes, recreational vehicles, trailers and boats of anv size.
Heliport. A facility for the landing, taking off, basing, service, and repair of
helicopters used for transportation purposes. Characteristics include noise and the
outdoor storage of helicopters.
Helistop. A facility for the landing and taking off of helicopters used for
transportation purposes but with no facilities for the service of helicopters.
Characteristics include intermittent periods of noise.
Home Occupations. An occupation, profession, or activity requiring a permit from
the City which provides gainful employment of a resident of a dwelling unit, which
is clearly an incidental and subordinate use to the residential use, and which does
not alter the e�erior of the property or affect the residential character of the
City of Prior Lake
,lune 1, 2009 1101/p5
Zoning Ordinance
neighborhood. Auto body painting, motor vehicle sales, motor vehicle service and
repair, retail sales, massage, medical/dental office, animal handling, beauty and
barbershop, warehouse/storage and manufacturing/processing do not qualify as
home occupations.
Hospital. A facility which provides health services primarily for human inpatient
medical or surgical care; including related facilities, such as laboratories, outpatient
departments, training facilities, central senrice facilities and staff offices.
Characteristics include large institutionally designed buildings, large volumes of
traffic, large parking lots or ramps, 24-hour activity, service vehicles, large
quantities of waste, and emergency vehicles.
Hotel/Motel. Facilities which provide overnight lodging in individual rooms or
suites of rooms, each having a private bathroom, which are rented by day or week;
may include in-room or in-suite kitchens and recreational facilities for use by
lodgers. Restaurants, banquet rooms, arcades, fitness centers and other facilities
available to non-lodgers are not considered accessory uses.
In Vehicle Sa/es or Service. Sales or service to persons in vehicles; it may
include drive-in, drive-up and drive-through facilities; but does not include motor
fuel stations. Characteristics include high traffic volumes during the typical peak
hour traffic period.
Library. A facility where collections of books and other materials are housed in a
building which is open to the public during regularly scheduled hours which may
include weekend days and evenings. Books and other materials may be available
for loan. Characteristics may include high parking demand and high traffic
generation.
Manufacturing/Processing. A facility for the production of a physical commodity
or changing the form of a raw ingredient; it may include administrative offices,
warehousing, and limited distribution and outlet sale of a commodity.
Characteristics may include heavy truck traffic, odor and noise of processes and
equipment, refuse storage issues, and the use of toxic and hazardous materials.
Concrete plants, junkyards, slaughter houses, rendering plants, salvage yards, and
auto reduction plants are excluded.
Marina. A commercial establishment adjacent to a navigable lake providing
moorings, docks and/or slips for boats. It may also offer supplies and services
accessory to the principal use.
Medical/Dental Laboratories. Facilities in which individually produced and made
to order medical and dental prosthetics are created for the specific needs of
specific individuals. Characteristics may include hours of operation of 7:00 a.m. to
6:00 p.m.; daily deliveries to and from the facilities by car, van or light truck;
minimal heavy truck traffic; no use of outside storage and occasional visitation of
facilities by customers needing specialized attention as to the make-up and fit of
their specific prosthetic.
Medical/Dental Office. A faciliry which provides direct delivery of health related
examination and services or treatment to individuals on an appointment or walk-in
basis; and includes counseling, consultation, chiropractic and podiatry. The use
Ciry of Prior l.nFe
June I, 2009 1101/�6
Zoning Ordinance
may include a supporting retail component for medicine, health related food, or
other product.
Motor Fuel Stations. A retail facility which supplies and dispenses motor fuels
directly into a motor vehicle; it also includes the sale of lubricants, batteries, tires
and motor vehicle accessories, and may also include the sale of food, beverages,
etc. Motor fuels may be self-serve or dispensed by an attendant. Light
maintenance activities to vehicles including engine tune-ups, lubrication, repairs,
and carburetor cleaning may also be conducted. Characteristics include outdoor
activity, high traffic generation and extended hours of operation. This use excludes
heavy automobile repair including, but not limited to, engine overhauls, automobile
painting, and body work.
Motor Vehicle Sales. Display, sale and rental of automobiles, trucks, watercraft
and recreational vehicles outside of an enclosed building; motor vehicle service
and repair often occur in conjunction with this use. Characteristics may include
outdoor activity, banners and lights for promotion and advertising, outdoor sound
systems, truck deliveries, night and weekend operating hours, and test driving on
nearby streets.
Motor Vehicle Service and Repair. Repair, lubrication, washing, detailing,
equipment installation, engine overhauls, and other similar uses involving
automobiles, trucks and recreational vehicles. Characteristics may include the
storage of vehicles, truck traffic, night and weekend operating hours; motor fuel
stations and auto body/painting are excluded.
Multiple-Family Dwelling. More than two dwelling units contained within a single
structure, where each has an entrance off a hallway or balcony in common with at
least one other dwelling unit. Buildings tend to be massive in scale and
institutional in appearance. Other characteristics may include high density, large
parking lots and high traffic generation of roads in the land area occupied by this
use.
Museums/Art Galleries. A facility which houses collectibles, collections of
artifacts, paintings or sculptures in a building which is open to the public during
regularly scheduled hours which may include weekend days and evenings.
Nurseries & Greenhouses. Establishments primarily engaged in providing
services related to or conducting the sale at retail of horticulture and floriculture
products. These enterprises typically produce their own stock, unlike a garden
center which imports the products it sells at retail.
Nursing Home. A health care facility licensed by the State that provides lodging
and 24-hour care for medically or physically impaired persons usually on a long
term basis. Residents of the facility do not have private apartments or kitchens.
This use includes a food service and may include supporting medical and retail
services for the residents. A quiet area is preferred and useable outdoor open
space is required.
Office. A facility in which the handling of information or the performing of
administrative services is conducted; it includes services provided to persons both
on-site and off-site on a walk-in or appointment basis such as counseling or
Ciry of Prior Lake
Ja�ne I, 2009 1101/p7
Zoning Ordinance
indirect or non-personal service such as real estate, travel agencies, financial
agencies, insurance offices and professional offices. Excludes hospitals or other
medical facilities; except it may include up to a maximum of 10% of the gross floor
area in medical or dental offices. Characteristics include high peak period traffic
generation and 8:00 a.m. to 5:00 p.m. hours of operation.
Office Warehouse. A facility in which the handling of information or the
performing of administrative services is conducted in conjunction with receiving,
hoiding, shipping and occasional packaging of commodities. Characteristics
include high peak period traffic generation and 8:00 a.m. to 5:00 p.m. hours of
operation, high truck traffic generation and parking demand.
On-Site Equipment Storage. Any structure or outdoor storage area designed for
the on-site storage of construction equipment and materials for an active
construction project.
Outdoor Sa/es. The display and sale or rental of inerchandise or equipment
outside of an enclosed building; may include boat sales, canoe sales, nursery
sales, lumber sales; but it excludes the sale of motor vehicles.
Outdoor Sales - Temporary. The display and sale of inerchandise other than
agricultural commodities outside of an enclosed building where it is offered in
conjunction with an established use that legally sells the same or similar
merchandise within a building on the same site. Characteristics include the use of
tents, trailers, or other temporary structures.
Outdoor Storage. The receiving, keeping and shipping of goods and materials
outside of an enclosed building where outdoor activity includes only the unloading,
loading, and keeping of materials; may include storage yards for contractors,
equipment, lumber, landscaping materials, construction materials and shipping
materials and containers. Storage of unlicensed or inoperable vehicles or other
materials typically associated with a junkyard, salvage yard or auto reduction plant
are excluded.
Parcel Delivery Service/Post Office. A facility for the transhipment of letters and
packages generally less than 100 pounds in weight. Customers may purchase
stamps, money orders, insurance, and other mail services. Hours of operation are
similar to those of offices, but may include Saturdays. Characteristics include high
volumes of truck and automobile traffic and vehicles stored on premises overnight.
Parking Lots. Surfaced and improved ground surface areas used for the parking
of licensed and operable motor vehicles for periods of less than 24 hours.
Parking Ramp. A structure built for the storage of licensed, operable motor
vehicles for periods of less than 24 hours. Characteristics may include noise,
exhaust fume odor, heavy traffic and large structure mass and footprint.
Parks/Open Space. Passive recreation including hiking trails, natural areas, wild
life areas, arboretums, open grass areas and tot lots.
('iry of P�•ior Lake
June l, 2009 1101/p8
Zoning Ordinance
Park/Recreation. Active outdoor recreation activities such as baseball diamonds,
tennis courts, basketball courts, play fields, playgrounds, outdoor swimming pools,
fitness courses and driving ranges.
Personal Use Airport. A restricted airport intended for the personal use of the
owner of the airport and meeting the criteria of Minnesota Rules 8800.2200.
Police/Fire Stations. Activities designed to serve the public health and safety;
may include an office component, storage of fire trucks, police cars and
equipment, and the boarding of personnel within an enclosed building.
Characteristics may include sporadic periods of loud noise, sirens, and activity.
Pollution Abatement Equipment. Equipment and structures that are erected or
installed on property for the purpose of eliminating or abating ground or water
pollution.
Printing Process. A commercial or industrial printing operation involving a
process that is considered printing, imprinting, and reproducing images. Methods
may include but are not limited to off-set printing, lithography, web offset, and
flexography.
Private Entertainment (Indoor). Entertainment services provided entirely within
an enclosed building; it includes theaters, health or fitness centers, bowling alleys,
arcades, roller rinks, and pool halls. Characteristics may include late operating
hours, outdoor lighting, noise, and traffic.
Public Service Structure. Facilities which include water towers, utility and public
service related distribution facilities; and waste water and storm drainage
structures, but exclude utility substations. These facilities are normally serviced by
small trucks several times per day and by larger vehicles or equipment on a
periodic basis. Associated buildings typically have large windowless walls and an
institutional appearance.
Recordinp Studio, N, Radio Station. A facilitv used for the recordinq, creation
and production of music radio, television, and other electronic media
proqramminq. This includes recordinq studios, stages, editinct facilities, post-
production facilities and proqram distribution via wire or fiber optic cable. The
definition of a recording studio. TV or radio station does not include a broadcast
antenna or tower at the same location as the studio.
Recycling Operation. A facility located within an enclosed building for the
collection, sorting, temporary storage, and shipment of recoverable resources
including, but not limited to, newspapers, cardboard, glassware, metal cans and
plastic.
Religious Institutions. A facility where people gather to relate or manifest faithful
devotion to an acknowledged ultimate reality or deity. This use is characterized by
meeting rooms, education and training practice, indoor activities, intermittent
parking needs, group singing or chanting and music. The assembly typically
meets on weekends or evenings. The building may be utilized at other times for
meetings and other activities. Accessory uses which frequently accompany the
principal use include day care and park and ride.
Ciry of Prior Lake
.lune 1, 2009 1101/p9
Zoning Ordinance
Research and Testing Laboratories. Establishments or other facilities for
carrying on investigation in natural or physical sciences, or engineering and
development as an extension of investigation with the objective of creating end
projects, on a contractual or fee basis.
Restaurants. An establishment whose principal business is the sale of food and
beverages which are prepared and served in individual portions in a ready to
consume state for consumption on site. This use is often found in conjunction with
bars, hotels and food service. It is preferably located on major thoroughfares with
no access to residential streets. Characteristics include late hours of operation,
refuse, high car and truck traffic generation, and cooking odors. A food service or
deli is not considered to be a restaurant if seating is provided for ten or fewer
persons.
Retail. A facility where merchandise or equipment is displayed, rented, or sold
and where delivery of inerchandise or equipment to the ultimate consumer is
made; includes limited production, repair or processing as an accessory use.
Hours of operation genera►ly begin after a.m. peak traffic period and extend to time
ranges from 5:00 p.m. to 10:00 p.m.; although some convenience stores and
grocery stores are open 24 hours per day. Characteristics include high parking
demand and high off-peak traffic generation; prefers high visibility and access to
major thoroughfares. This use includes but is not limited to camera shops, clothing
stores, department stores, grocery stores, video stores, discount stores, jewelry
stores, liquor stores, delicatessens, retail bakeries, toy stores; but excludes
restaurants, bars, motor vehicle sales, and motor fuel stations.
Retail Sa/es, Limited. The retail sales of qoods, wares, or merchandise
manufactured, produced, or assembled on site and the retail sales of related
products or qoods which are clearly incidental and subordinate to the qoods,
wares, or merchandise manufactured or assembled on site. For the purpose of
this definition, retail sales are limited to a maximum of 15% of the qross floor area
of the development.
Rooming House. A building where lodging is provided for between 3 and 8
persons and is the primary residence of the owner. Lodging is available on an
extended basis rather than daily or weekly. No provision for cooking is provided in
any of the rooms by lodgers.
Self-Service Storaqe Facilitv. A business establishment consistinq of a structure
or group of structures containing separate storape spaces leased for the storaqe of
goods, products, materials or other objects.
Service. On-site service provided directly to an individual; includes barber shops,
beauty shops, massage parlors, Laundromats, shoe repair shops, and dry
cleaners where articles to be cleaned are picked up and delivered by the patron.
Shopping Center. A group of commercial uses planned, developed and/or
managed as a unit which has common parking facilities and contains a minimum of
50,000 square feet of total floor area. Shopping centers may include more than
one building and more than one contiguous property. Theaters and restaurants
Ciry of Prior I.ake
June 1, 2009 1101/p10
Zoning Ordinance
with liquor which locate within shopping centers will be considered separate
principal uses for establishing parking requirements.
Showroom. The display of inerchandise and equipment and its sale to a
customer where delivery of purchased merchandise is made directly to the ultimate
consumer from a warehouse. Merchandise or equipment which is sold are
typically large bulky items and include furniture, appliances, plumbing fixtures,
lighting and carpeting. Characteristics include hours of operation between 9:00
a.m. and 9:00 p.m. weekdays and during some weekend hours.
Single-Family Dwelling. Fully detached dwelling located on an individual lot and
intended for occupancy by a single family.
Single FamilyAttached Dwelling. A residential structure designed to
house a single-family unit from lowest level to roof, with a private outside
entrance, but not necessarily occupying a private lot, and sharing a
common wall adjoining dwelling units.
Single Family Detached Dwelling. A residential structure designed to
house a single-family unit, with private outside entrance, but without
common walls between the dwelling units.
Stable, Commercial. A structure or land use area used to keep horses for sale or
hire to the public. Breeding, boarding, or training of horses may also be
conducted. The use may also include commercial riding arenas open to the
general public.
Stable, Private. An accessory structure or land use that is designed, arranged,
used, or intended to be used for the keeping of horses for the private use of the
occupants of the principal dwelling and their guests, but in no event for hire.
State Licensed Residential Facility. A State licensed and mandated residential
facility occupied by persons in need of specialized treatment or protection and
resident staff who live together as a single housekeeping unit, usually for a limited
period of time. The use includes outpatient group counseling, some supervision
and treatment programs. The maximum number of clients served is specified by
Minnesota State Statute. Persons served may include the developmentally
disabled or challenged and severely physically handicapped.
Studio. A facility where the practice or study of the visual and audio arts occurs;
may include painting, sculpturing, photography, recording, radio and television
studios. This use also includes dance studios and studios for the martial arts. This
use does not include large industrial photography or printing processes.
Temporary Structures. A building other than a construction structure used for a
period not exceeding six months.
Transportation Facility: Any lot or land area used for the storage or layover of
passenger buses, motor coaches, rental vehicles, taxis, van pools, rental moving
vehicles, or similar (typically includes parking, storage of vehicles, and may
Ciry of Prior Gake
June 1, 2009 11�1/pil
Zoning Ordinance
include some maintenance). Parking of cars/vans/pickups that are accessory to
a primary use would be exempt from the above definition.
Two-Family Dwelling. Two dwelling units attached in a single structure, each
having a separate outside entrance. Dwelling units may be located on individual
lots or on a lot in common.
Utility Substations. A structure of electrical components to transform high
voltage electricity into lesser voltages to make suitable for distribution to end users.
The use consists of a large structure and numerous power lines which are difficult
to screen. This use has minimal outdoor activity and traffic generation.
� Warehouse/Storage/Distribution. A facility for receiving, holding, shipping and
occasional packaging of commodities. With the exception of loading and
unloading of commodities, and parking and storage of trailers, all functions shall be
within an enclosed building. Characteristics may include high truck traffic and low
parking demand. This use may include, but is not limited to, conventional
� warehouse facilities�ag� and joint warehouse and storage facilities.
Waste Hauler. Any person or business entity engaged in the business of,
collecting and transporting, delivering and disposing of solid waste and
recyclable materials generated from commercial and residential premises. For
the purpose of this definition, A Waste Hauler shall not engage in the business of
collecting and transporting, delivering and disposing of Hazardous Waste, as
defined in Minnesota Statute 609.671, as may be amended from time to
time.
Wholesale Use. Establishments engaged primarily in selling merchandise to
retailers, or to industrial, commercial or professional business customers, or to
other wholesalers or on a mail order basis to individuals or firms, or which serve as
agents or brokers buying merchandise for, or selling merchandise to, individuals
and companies.
Wind Generators. A turbine havinq a larqe vaned wheel rotated bv the wind to
generate activitv and extract usable enerqv from winds.
('iry of Prior Lnke
.June 1, 2009 ll01/p12
Zoning Ordinance
SECTION 1102
USE DISTRICT REGULATIONS
SUBSECTIONS
1102.100: Residential District Regulations
1102.200: "A" Agricultural Use District
1102.300: "R-S" Rural Subdivision Residential Use District
1102.400: "R-1" Low Density Residential Use District
1102.500: "R-2" Medium Density Residential Use District
1102.600: "R-3" High Density Residential Use District
1102.700: Residential Performance Standards
1102.800: "TC" Town Center Use District
1102.900: "TC-T" Transitional Town Center Use District
1102.1000 "C-1" Neighborhood Commercial Use District
1102.1100: "C-2" General Business Use District
1102.1200 "C-3" Business Park Use District
1102.1300: Commercial Restrictions and Performance Standards
1102.1400 "I-1" General Industrial Use District
1102.1500: Industrial Performance Standards
(1102.100 — 1102.1300 and 1102.1500 were
removed for purposes of this Zoning Ordinance review only)
1102.1400: "I-1" General Industrial Use District. The "I-1" General Industrial Use
District is intended to provide areas of the community which will allow general
industrial uses which, due to their size and nature, would not conform to the "C-
3" Business Park Use District.
1102.1401 Permitted Uses. The following uses are permitted in the "I-1" General Industrial
Use District if the use complies with the Industrial Performance Standards of
Subsection 1102.1500.
➢ Manufacturing/Processing
➢ Research and Testing Laboratories
� ➢ Offices
➢ Office/Warehouse
� ➢ Warehouse/Storage/Distribution
➢ Freight Terminals
➢ Parking Lots
➢ Medical/Dental Laboratories
➢ Printing Process
➢ Showroom
➢ Business/Trade School
➢ Wholesale Use
1102.1402 Uses Permitted With Conditions A structure or land in the "I-1" General
Industrial Use District may be used for one or more of the following uses if the
Ciry of Prior Lake
June 1, 2009 1102/pl
Zoning Ordinance
use complies with the Industrial Performance Standards of Subsection
1105.1500 and the specific conditions in this Subsection.
(1) Appliance, Small Engine and Bicycle Repair. Conditions:
I a. Outside operating or testing of engines shall be prohibited within 2300 feet
of any "R" Use District.
b. The site shall be maintained free of litter, odors, pests, and shall be
cleaned of loose debris in accordance with the Propertv Maintenance
Ordinance.
c. A buffervard as determined by Subsection 1107.2003 shall be installed and
maintained adiacent to anv public right-of-wav.
d. All necessarv qovernmental permits (i.e., VOC/air emissions, hazardous
substance disposal) must be obtained and adhered to.
e. No sound qenerated on the site bv anv means includinq a public address
system shall be audible from anv "R" Use District.
f. All repair, assemblv, disassemblv, and maintenance shall be conducted
entirely inside an enclosed buildinq.
(2) Auto Body/Painting. Conditions:
a. Inoperable vehicles shall be stored in designated screened storage areas.
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mi
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b. No buildinq shall be located within 100 feet of any "R" Use District.
c. No sales storage or display of new or used automobiles shall be permitted.
�—A bufferyard as determined by Subsection 1107.2003 shall be installed and
maintained adjacent to any public right-of-way.
e. All auto bodv repair and painting must be conducted entirelv within the
primaN structure.
f. All design guidelines must be maintained as determined by Subsection
1107.1407.
q. The site shall be maintained free of litter, odors, pests, and shall be
cleaned of loose debris in accordance with the Property Maintenance
Ordinance.
h. All necessarv qovernmental permits (i.e., VOC/air emissions, hazardous
substance disposal) must be obtained and adhered to.
(3) Motor Vehicle Service and Repair. Conditions:
City of Prio�• Lake
Jz�ne 1, 2009 1102/p2
Zoning Ordinance
a. No sound generated on the site by any means including a public address
system shall be audible from any "R" Use District.
b. All repair, assembly, disassembly, and maintenance of vehicles shall be
� conducted entirelv inside an enclosed building except tire inflation,
changing wipers and adding oil.
c. No test driving shall be permitted on any street in an "R" Use District.
d. No access shall be permitted on local streets.
e. No building shall be located within 100 feet of any "R" Use District.
f. A bufferyard, Type B as defined in Subsection 1107.2005, shall be installed
and maintained adjacent to any public right-of-way.
a. No automatic car washes shall be permitted for public use.
h. No sales or displav of new or used automobiles shall be permitted. ,
i. No inoperable vehicles shall be stored outside the primarv structure or
desiqnated storaqe areas.
j. The site shall be maintained free of litter, odors, pests, and shall be
cleaned of loose debris in accordance with the Propertv Maintenance
Ordinance.
k. All necessarv qovernmental permits (i.e., VOC/air emissions, hazardous
substance disposal) must be obtained and adhered to.
(4) Public Service Structures. Conditions:
a. Outdoor storaqe areas shall be located a minimum of 60 feet from anv
propertv located in an "R" Use District.
b. A bufferyard as determined by Subsection 1107.2003, shall be required for
anv outdoor storaqe area adiacent to an "R" Use District.
c. All service drives shall be paved.
d. The exterior faces of all buildinqs shall meet the provisions of Subsection
1107.2200.
(5) Utilitv Substations. Conditions:
a. No structure shall be located within 25 feet of anv propertv line.
b. No structure shall be located within 100 feet of an "R" Use District.
c. A buffervard as defined in Subsection 1107.2005, shall be installed alona
all public riaht-of-ways.
City of Prior Lake
June 1, 2009 1102/p3
Zoning Ordinance
(6) Animal Handlinq. Conditions:
a. No pens shall be kept outside the buildinq.
b. Use shall not create an offensive odor or noise discernible at the propertv
line of the lot on which the activitv is conducted.
c. No buildinq or outdoor activitv shall be permitted within 100 feet of propertv
used or zoned for residential use, or desianated in the Comprehensive Plan
for residential use.
(7) Outdoor Storaqe: Conditions:
a. Storaqe areas shall be fullv screened. Screeninq shall be 100% opacitv in
the form of fencinq, landscaping, berminq or some combination thereof
from all propertv lines and abuttinq public rights-of-way. A buffer vard shall
be required when the outdoor storaqe abuts any propertv in an "R" Use
District pursuant to Subsection 1107.2003.
b. Storaqe shall not be permitted within anv required vards or buffer vards.
c. Storaqe areas shall be separated from the vehicular parkinq and circulation
areas. This separation shall be ciearlv delineated by a phvsical separation
such as areenwav, curb, fence or line of planters.
d. Stored materials shall not interfere with either on-site or off-site traffic
visibilit .
e. No outdoor storaae shall be located within 60 feet of property used or
zoned for residential use, or desiQnated in the Comprehensive Plan for
residential use.
f. If the outdoor storaqe area is located within 100 feet of an "R" use district,
access to the outdoor storaqe area shall only be permitted between the
hours of 6:00 am and 10:00 pm.
a. Inoperative vehicles or equipment or other items tvpicallv stored in a
junkyard or salvaqe vard shall not be stored on land on which storage is
permitted with conditions under this Section.
h. The site shall be maintained free of litter, odors, pests, and shall be
cleaned of loose debris in accordance with the Propertv Maintenance
Ordinance.
q. All areas used for storaqe shall be paved and a drainaqe plan for the site
shall be aqproved bv the Citv Enqineer.
h. All outdoor storage areas adiacent to an "R" Use District shall meet the
required building setback as defined in Subsection 1102.1405; in all other
instances outdoor storaqe shall meet the required parkina setback.
i. Storage area shall occupv an area no larger than 50% of the floor area of
the principal structure.
City of Prior Gake
June 1, 2009 11�2/P4
Zoning Ordinance
(8) Contractors Yard. Conditions:
a. Areas used for storaqe of equipment and materials shali be fullv screened.
Screeninq shall be 100% opacitv in the form of fencinq, landscapinq,
berminq or some combination thereof from all property lines and abuttina
public rights-of-way. A buffer vard shall be required when the outdoor
storaqe abuts any propertv in an "R" Use District pursuant to Subsection
1107.2003.
b. Areas used for storaqe of equipment and materials shall not be permitted
within anv required vards or buffer vards.
c. Areas used for storaqe of equipment and materials shall be separated from
the vehicular parkinq and circulation areas. This separation shall be clearlv
delineated by a physical separation such as greenwav, curb, fence or line
of planters.
d. Stored materials shall not interfere with either on-site or off-site traffic
visibilitv.
e. Inoperative vehicles or equiqment or other items tvpicallv stored in a
iunkyard or salvage yard shall not be stored on land on which storaqe is
permitted with conditions under this Section.
i. All areas used for storaqe and parkinq shall be qaved.
i. No outdoor storaqe shall be located within 60 feet of propertv used or
zoned for residential use, or desiqnated in the Comprehensive Plan for
residential use.
k. If the outdoor storaqe area is located within 100 feet of an "R" use district,
access to the outdoor storaqe area shall onlv be permitted between the
hours of 6:00 am and 10:00 pm.
I. The site shall be maintained free of litter, odors, pests, and shall be
cleaned of loose debris in accordance with the Propertv Maintenance
Ordinance.
h. All outdoor storaqe areas adiacent to an "R" Use District shall meet the
required buildinq setback as defined in Subsection 1102.1505; in all other
instances outdoor storaqe shall meet the required parking setback.
(9) Transportation Facilitv. Conditions:
a. Parkinq area shall be screened with fencinq, landscapinq, berminq or some
combination thereof from all property lines and abuttinp public riqhts-of-
way. A buffer yard shall be required when the parkina area abuts anv
qropertv in an "R" Use District pursuant to Subsection 1107.2003.
b. If anv part of the facilitv is located within 100 feet of propertv used or zoned
for residential use, or desiqnated in the Comprehensive Plan for residential
use, hours of operation shall be restricted to 6:00 am to 10:00 pm.
City of Prior Lake
Jz�ne 1, 2009 11�2/PS
Zoning Ordinance
c. Parkinq shall not be permitted within anv required vards or buffer vards.
d. The site shall be maintained free of litter, odors, pests, and shall be
cleaned of loose debris in accordance with the Property Maintenance
Ordinance.
e. All service drives shall be paved.
f. No inoperable vehicles shall be stored outside the primary structure.
q. All repair, assemblv, disassembiv, and maintenance shall be conducted
entirelv inside an enclosed buildinq.
h. All necessarv qovernmental permits (i.e., VOC/air emissions, hazardous
substance disposal) must be obtained and adhered to.
(10) Buildinq Material Sales. Conditions:
a. If anv part of the facilitv is located within 100 feet of property used or zoned
for residential use, or desianated in the Comprehensive Plan for residential
use, hours of operation shall be restricted to 6:00 am to 10:00 pm.
b. The site shall be maintained free of litter, odors, pests, and shall be
cleaned of loose debris in accordance with the Propertv Maintenance
Ordinance.
c. All outdoor storaqe areas adlacent to an "R" Use District shall meet the
required buildinq setback as defined in Subsection 1102.1505; in all other
instances outdoor storage shall meet the required parking setback.
d. All areas used for storaae and parking shall be paved.
e. No inoperable vehicles shall be stored outside the primarv structure.
f. The structure in which the use is conducted shall be located a minimum of
60 feet from anv "R-1 ", "R-2", or "R-3" Use District.
a. A buffervard, as determined bv Subsection 1107.2003, shall be provided
alonq all propertv located within an "R" Use District.
(11) Home Improvement Trades. Conditions
a. If anv part of the facilitv is located within 100 feet of propertv used or zoned
for residential use, or desiqnated in the Comprehensive Plan for residential
use, hours of operation shall be restricted to 6:00 am to 10:00 qm.
b. The site shall be maintained free of litter, odors, pests, and shall be
cleaned of loose debris in accordance with the Property Maintenance
Ordinance.
Ciry of Prior Lake
.Iune l, 2009 1102/p6
Zoning Ordinance
c. All outdoor storaqe areas adiacent to an "R" Use District shall meet the
required buildinq setback as defined in Subsection 1102.1505; in all other
instances outdoor storaqe shall meet the required parkinq setback.
d. All areas used for storaae and parkinp shall be paved.
e. No inoperable vehicles shall be stored outside the primarv structure.
f. The structure in which the use is conducted shall be located a minimum of
60 feet from anv "R-1 ", "R-2", or "R-3" Use District.
a. A buffervard, as determined bv Subsection 1107.2003, shall be provided
along all property located within an "R" Use District.
h. Use shall not create an offensive odor or noise discernible at the propertv
line of the lot on which the activitv is conducted.
i. All repair, assemblv, disassemblv, and maintenance of vehicles or
equipment shall be conducted entirelv inside an enclosed buildina.
(12) Heavv Eauipment 8� Specialized Vehicle Sale, Rental 8� Service. Conditions:
a. If any part of the facilitv is located within 100 feet of propertv used or zoned
for residential use, or desiqnated in the Comprehensive Plan for residential
use, hours of operation shall be restricted to 6:00 am to 10:00 pm.
b. The site shall be maintained free of litter, odors, pests, and shall be
cleaned of loose debris in accordance with the Propertv Maintenance
Ordinance.
c. No sales, storaqe, rental or displav of automobiles shall be permitted.
d. No test drivinq shall be permitted on anv street in an "R" Use District.
e. No automatic car washes shall be permitted for public use.
f. No inoperable vehicles shall be stored outside the primarv structure.
q. All service drives and parkina and displav areas shall be paved.
(13) Private Entertainment (Indoor). Conditions:
a. The structure in which the use is conducted shall be located a minimum of
60 feet from anv "R-1", "R-2", or "R-3" Use District.
b. A buffervard, as determined bv Subsection 1107.2003, shall be provided
alonq all property located within an "R" Use District.
c. If anypart of the facility is located within 100 feet of property used or zoned
for residential use, or desiqnated in the Comprehensive Plan for residential
use, hours of operation shall be restricted to 6:00 am to 10:00 pm.
Ciry of Prior Gnke
.Iune 1, 2009 1102/p7
Zoning Ordinance
d. Use shall not create an offensive odor or noise discernible at the propertv
line of the lot on which the activitv is conducted.
(14) Self-Service Storaqe Facilitv. Conditions:
a. No compartment doors shall be allowed on buildina facade which faces
an "R" Use District
b. No areas on site shall be utilized as residential livinq units
c. A minimum 6 foot fence, wall, or berm shall surround the storaqe facilitv
area. Screeninq shall be 100% opacitv in the form of a fence, wall, or
berm alonq anv "R" Use District. No fencinq shall be constructed of chain
link or barbed wire on the property.
d. Trash, dock areas, a mechanical equipment shall be screened in
accordance with Section 1107.1900
e. No outdoor storaqe is permitted on site, includinq but not limited to
vehicles, recreational vehicles, portable storaae units, and construction
materials.
f. No storaqe of hazardous, explosive, of flammable materials is permitted
in violation of the MN State Fire Code.
q. No servicina of motor vehicles, boats, lawn mowers, or similar equipment
is permitted on site.
h. No activitv which uses amplified music, no auctions, wholesale or retail
sales, qaraae sales are qermitted.
i. Exterior materials shall be in accordance with Section 1107.2200 with the
followinq exceptions: (a) each buildina face visible from off-site that
includes storaae access doors shall be required to have at least 25% of
the facade square footaqe, which does not consist of doorwavs be
constructed with Class I material; and (b) each buildina wall visible from
off-site shall have a wall deviation at least every 40 feet that is a minimum
depth of 2 feet.
j. All landscaping shall be in accordance with Section 1107.1900.
k. The site shall be maintained free of litter, odors, pests, and shall be
cleaned of loose debris in accordance with the Propertv Maintenance
Ordinance.
I. A minimum 5 qarkinq spaces or 2 parking spaces qlus 1 parking space
�er 75 units, whichever is qreater shall be required.
(15) Waste Hauler. Conditions:
('ih� of Pi•ior Lnke
Jz�ne 1, 2009 11�2/pg
Zoning Ordinance
a. Parking area shall be screened with fencina, landscapina, berminq or some
combination thereof from all propertv lines and abuttina public riqhts-of-
wav•
b. All areas used for storage and parkinq shali be paved.
c. All necessarv qovernmental permits (i.e., VOC/air emissions, hazardous
substance disposal) must be obtained and adhered to.
d. All repair, assembly, disassemblv and maintenance of vehicles or
equipment shail be conducted within an enclosed buildinq.
e. Such facilities must meet Minnesota Pollution Control Aaency (MPCA)
requirements or other applicable Federal, State or County requirements.
f. The facilitv shall not abut a propertv that is currently used residentiallv or
zoned for residential use, or desiqnated in the Comprehensive Plan for
residential use.
a. If anv part of the facility is located within 200 feet of property used or zoned
for residential use, or desiqnated in the Comprehensive Plan for residential
use, hours of operation shall be restricted to 6:00 am to 10:00 pm.
h. Storaqe of materials outside a principal buildina or enclosed container is
not permitted. Outdoor storaqe of containers is subiect to the screeninq
requirements of Subsection 1107.1900.
i. No liqht, odor or vibration oriqinatinq from the structure or supportinq
equipment shall be discernible at the proqertv line.
j. The site shall be maintained free of litter, odors, pests, and shall be
cleaned of loose debris in accordance with the Propertv Maintenance
Ordinance.
1102.1403 Uses Permitted With Conditional Use Permit. No structure or land in the "I-1"
General Industrial Use District shall be used for the following uses except by
Conditional Use Permit. These uses shall comply with the requirements of all
the general conditions provided in Subsections 1108.202 through 1108.204, with
the Industrial Performance Standards in Subsection 1105.1500, with the specific
conditions imposed in this subsection, and with any other conditions the Planning
Commission may impose that are intended to promote the health, safety, and
welfare of the residents within the City to maintain the characteristics of a
neighborhood.
. : Moved to PUC
: Moved to PUC
� (1) Heliport. Minimum Conditions:
a. All heliports and helicopter flyways shall conform to all applicable Federal
Aviation Administration regulations.
City of Prior Gake
Jz�ne I, 2009 1102/p9
Zoning Ordinance
b. Heliports shall not establish or utilize any approach or departure routing
over areas located within an "R" Use District.
c. Hours of operation shall be limited to 7:00 am to 9:00 pm, excluding
emergency operations.
d. The helicopter pad shall not be located within 300 feet of any parcel in an
"R" Use District.
e. The landing pad shall be dust free.
f. The use shall be permitted only as an accessory use to another principal
use and shall not occupy more than 25% of the total site area of the
development.
q. Ail repair, assemblv, disassembly and maintenance shall be conducted
entirely within an enclosed buildinq.
� (2) Light Processing Recycling Facility. Minimum Conditions:
a. Such facilities must meet Minnesota Pollution Control Agency (MPCA)
requirements or other applicable Federal, State or County requirements for
recycling facilities.
b. The facility shall not abut a property that is currently used residentially or
zoned for residential use, or designated in the Comprehensive Plan for
residential use.
c. The facility must meet the requirements for screening and landscaping
contained in Subsection 1107.1900, and the requirements for off-street
parking contained in Subsection 1107.200.
d. Storage of recyclable materials outside a principal building or enclosed
containers is not permitted. Outdoor storage of containers for recyclable
materials is subject to the screening requirements of Subsection
1107.1900.
e. # +-�;� ;r+„ �s ���ed ,.,;+h,,, �nn fee+ ^�pe�t�se�-�-z�ed-�
�c�a�+'in�l Q� nr rlocinn�+orl in 4ho (`mm�rohor�ci�io Dlor� fnr rocirlon+i�l
f. If any part of the facilitv is located within 200 feet of property used or zoned
for residential use, or desiqnated in the Comprehensive Plan for residential
use, hours of operation shall be restricted to 6:00 am to 10:00 pm.
� g#. A bufferyard, as determined by Subsection 1107.2003, shall be installed
adjacent to any "R" or "C" Use District.
� (3) Designated Recycling Center. Minimum Conditions:
a. Such facilities must meet Minnesota Pollution Control Agency (MPCA)
requirements or other applicable Federal, State or County requirements for
recycling facilities.
Ciry of Prror Lake
June l , 2009 1102/p10
Zoning Ordinance
b. The facility shall not abut a property used or zoned for residential use, or
designated in the Comprehensive Plan for residential use.
c. The facility must meet the requirements for screening and landscaping
contained in Subsection 1107.1900, and the requirements for off-street
parking contained in Subsection 1107.200.
d. Storage of recyclable materials outside a principal building or enclosed
containers is not permitted. Outdoor storage of containers for recyclable
materials is subject to the screening requirements of Subsection
1107.1900.
� Ee. If any part of the facility is located within 100 feet of property used or zoned
for residential use, or designated in the Comprehensive Plan for residential
use, hours of operation shall be restricted to 6:00 am to 10:00 pm.
��ho f�+nili#v ic Inn�+#or! 4h�n �"-.(1(1 foo# nf r�rnrioriv i icoiJ nr �nnorl fnr
�..,..,,�.� �... � ............... .���� ....,., ..,..,. ... r....,i...�..� ...___ _. __..__ ._.
������ fnr rocitlon�i�I
��e L�n� �r nf nr�or�+#inn ch�+l) ho roc#rin4orJ �n o.nn �m 4n � nm
f. A bufferyard, as determined by Subsection 1107.2003, shall be installed
adjacent to an "R" or "C" Use District.
� . : Moved to PUC
� (4) Recreational Dome. Minimum Conditions:
a. The dome must be accessory to an existing use located within the same
Zoning District.
b. No outdoor storage of any kind is permitted on the site.
c. A bufferyard, Type C as defined in Subsection 1107.2005, shall be installed
and maintained along on property lines abutting a"R" use district.
d. Hours of operation shall be limited to 5 a.m. to 10 p.m. on weekdays and 5
a.m. to 11 p.m. on weekends.
e. All mechanical equipment shall be fully screened.
f. All structures shall be located a minimum of 60 feet from any adjacent lot
line in an "R" use district, and the setback shall be increased by an
additional foot for each foot in height that the structure exceeds 60 feet.
g. No light or vibration originating from the structure or supporting equipment
shall be discernible at the property line.
h. The structure shall be of a color that provides for maximum integration
within its surroundings.
i. The dome structure shall be fully insulated.
� . : Moved to PUC
Ciry of Prior Lake
Jt�ne 1, 2009 11�2/pll
Zoning Ordinance
� : Moved to PUC
( (5) Car Wash. Minimum Conditions:
a. No public address system shall be audible from any property located within
an "R" Use District.
b. Drainage and surfacing plans shall be approved by the City Engineer. The
plans shall describe the wash water disposal and sludge removai facilities
for on-premise dust, salt and other chemical and mud abatement.
Drainage must be designed to prevent the accumulation of surface water,
wash water or sludge on the site or in the vicinity of the premises.
c. All parking and paved areas meet the drainage, design and landscaping
provisions of Subsection 1107.200.
d. The ingress or egress points for an accessory car wash shall be approved
by the City Engineer. The exit door from the car wash shall be at least 45
feet from the public right-of-way. Drainage shall be away from the public
street at egress points of the car wash to prevent spillage onto the street.
The grades of the interior floor shall be sloped away from the exit door, and
sloped to an accepted interior drainage system. No water which is used in
the operation of the car wash shall be allowed on any public right-of-way.
e. An automatic car wash accessory to a motor fuel station or motor vehicle
service and repair facility shall provide stacking space for at least four cars.
Cars located in these stacking spaces should not block ingress and egress
driveways on the site or driveways providing access to gasoline pumps,
service bays or required off-street parking, except that vehicles in stacking
spaces may block access to parking stalls which are signed for employee
parking only.
f. Hours of operation shall be limited to 6:OOam to 10:OOpm, unless the
service doors to the facility remain closed at all times.
(6) Adult Uses. (Minimum Conditions listed in Section 1111).
(7) Antennas 8� Towers. Minimum Conditions:
a. All structures shall be located a minimum of 100 feet from anv adiacent lot
line in an "R" use district.
b. All structures shall be located a minimum of 60 feet from any adiacent lot
line.
c. No light, sound or vibration oriqinatinq from the structure shall be
discernible at the propertv line of anv adiacent lot line in an "R" use district.
(8) Gun Ranqe, Indoor. Minimum Conditions:
City of Prior Lake
.Iune 1, 2009 1102/p12
Zoning Ordinance
d. Indoor Gun Ranqes must be designed so proiectile cannot penetrate the
walls, floor or ceilinq and ricochets or back splatter cannot harm ranqe
users.
e. Hours of operation shall be limited to 6:OOam to 10:OOpm, unless the
service doors to the facilitv remain closed at all times.
f. No light, sound or vibration oriainatinq from the structure shall be
discernible at the propertv line.
g. No outdoor storaqe of any kind is permitted on the site.
h. A bufferyard, Tvpe C as defined in Subsection 1107.2005, shall be installed
and maintained alonq on propertv lines abuttinq a"R" use district.
i. All mechanical equipment shall be fullv screened.
i. All structures shall be located a minimum of 60 feet from anv adiacent lot
line in an "R" use district.
(9) Nurseries & Greenhouses. Minimum Conditions:
a. All structures shall be located a minimum of 60 feet from any adjacent lot
line in an "R" use district.
b. All plants and Qardens shall be located a minimum of 25 feet from anv
adiacent lot line in an "R" use district.
c. Hours of operation shall be limited to 7:OOam to 9:OOpm.
d. A buffervard, Tvpe C as defined in Subsection 1107.2005, shall be installed
and maintained alonq on propertv lines abutting a"R" use district.
e. Outdoor storaqe is subiect to the screeninq requirements of Subsection
1107.1900.
f. If the facilitv is located within 100 feet of property used or zoned for
residential use, or desiqnated in the Comprehensive Plan for residential
use, hours of operation shall be restricted to 6:00 am to 10:00 pm.
(10) Wind Generators. Minimum Conditions:
a. All structures shall be located a minimum of 300 feet from anv adiacent lot
line in an "R" use district.
b. All structures shall be located a minimum of 100 feet from anv adiacent lot
line in all districts, other than an "R: use district.
c. No liqht, sound or vibration oriqinatinq from the structure shall be
discernible at the propertv line of anv adiacent lot line in an "R" use district.
1102.1404 Accessorv Uses. The following uses shall be permitted Accessory Uses in the
"I-1" General Industrial Use District.
Ciry of Prior Lake
.Iune l, 2009 1102/p13
Zoning Ordinance
� (1) Parking L�ots which comply with the requirements of Subsection 1107.200.
( (2) Retail Sales Limited t$ a ma�im�m e# 15°�a ef �he ^r^�� flnnr �ro� „f +ho
rlo�iolnr�mon4
(3) Bs�esOutdoor Sales subiect to the followinQ conditions:
a. The items displaved must be related to the principal use.
b. The area allowed for outdoor sales is limited to 30% of the qross floor area
used for the display and sale of inerchandise, or poods in the principal use.
c. The area must be landscaped and fenced or screened with a buffervard
Tvpe D from anv neiphborinp residential uses or abuttinp anv "R" district.
d. Ail liqhtinq must be hooded and positioned so the liaht source is not visible
from the public right-of-way or from neiqhboring residential properties and
is compliant with Subsection 1107.1800.
e. Areas where outdoor sales occur must be hard-surfaced with asphalt,
concrete, or decorative concrete.
f. If the facility is located within 100 feet of propertv used or zoned for
residential use, or designated in the Comprehensive Plan for residential
use, hours of operation shall be restricted to 7:00 am to 10:00 pm.
� (4) Food S�ervice subject to the following conditions:
a. Service shall be intended primarily for the tenants of the development.
b. It shall not occupy more than 5°/o of the gross floor area of the
development.
� c. Seating may be provided for no more than 2�0 persons.
d. Signs are not permitted.
� (5) Repair and M�taintenance of M+�otor V�ehicles and Eequipment incidental
to the conduct of the principal use, subject to the following conditions:
a. All repairs and maintenance shall be conducted indoors unless the vehicle
or equipment is too large to be moved indoors or if the vehicle or
equipment cannot practically be moved indoors or if the repair is of an
emergency nature.
I ��p�� I Ico (lic4rin4 .
I b. If the facilitv is located within 100 feet of propertv used or zoned for
residential use, or desiQnated in the Comprehensive Plan for residential
C'iry of Prior Lake
.Izrne [, 2009 1102/p14
Zoning Ordinance
use, hours of operation shall be restricted to 6:00 am to 10:00 pm, unless
the service doors to the facility remain closed at all times.
c. The site shall be maintained free of litter, odors, pests, and shall be
cleaned of loose debris in accordance with the Property Maintenance
Ordinance.
d. All necessarv aovernmental qermits (i.e., VOC/air emissions, hazardous
substance disposal) must be obtained and adhered to.
e. No inoperable vehicles shall be stored outside the primary structure.
f. No sales storage or display of new or used automobiles or equipment shall
be permitted.
a. A buffervard. Tvpe B as defined in Subsection 1107.2005, shall be installed
and maintained adiacent to any public riqht-of-wav.
(6) Storaqe or Parkinq of Vehicles. Conditions:
a. Vehicles larqer than 1 ton capacitv mav be stored, provided that such
vehicles are licensed and operable, stored and parked on an area hard-
surface with asphalt or concrete, and the vehicle is used in connection with
a business located in the principal structure on-site and are screened from
view of adiacent residential propertv and public streets in accordance with
the City's landscapinp and screening Ordinance as desiqnated in
Subsection 1107.1900.
1102.1405 Dimensional Standards
(1) The following minimum requirements and those additional requirements found in
Section 1102.1500 shall govern the use and development of lots in the "I-1" Use
District.
Minimum Minimum Maximum Maximum Front Side Yard Rear Parking
Lot Area Lot Width Height Floor Yard (ft.) (ft.) Yard (ft.) Setback
(ft.) Area (ft.)
Ratio
� 1 Acre 150 �99 45' or 4 1.0 40 58 15 �9 20 �9 10
stories,
whichever
I is AY�
(2) Lots Adjacent to Residential Use Districts: The following setbacks shall apply to
developments on lots adjacent to Residential Use Districts:
� Building Setback Adjacent to "R" Use District � Parking Setback Adjacent to "R" Use District �
60 feet 20 feet
City of Prior Lnke
✓une I, 2009 1102/p15
Zoning Ordinance
SECTION 1107
GENERAL PERFORMANCE STANDARDS
SUBSECTIONS
1107.100: Purpose and Intent
1107.200: Off-Street Parking Areas, Paved Areas and Loading Spaces
1107.300: Number of Required Off-Street Parking Space
1107.400: Signage
1107.500: I nterpretation
1107.600: Exempt Signs
1107.700: Permitted Signs; No Sign Permit Required
1107.800: Permitted Signs; Sign Permit Required
1107.900: Permitted Sign Area; Business and Industrial Districts
1107.1000: Calculating Sign Area
1107.1100: Prohibited Signs
1107.1200: Sign Plan Requirements
1107.1300: Sign Permit Requirements
1107.1400: Maintenance
1107.1500: Lapse of Sign Permit
1107.1600: Removal of Signs
1107.1700: Remedies for Violation of the Sign Ordinance
1107.1800: Lighting
1107.1900: Landscaping and Screening
1107.2000: Bufferyards
1107.2100: Tree Preservation and Restoration
1107.2200: Architectural Design
1107.2300: Non-Conformities
(1107.100 - 1107.2100 and 1107.2300 were
removed for purposes of this Zoning Ordinance review only)
1107 .2200: ARCHITECTURAL DESIGN
1107.2201 Purpose. The purpose of this Section is to serve the public interest by requiring
development in the City to meet certain minimum architectural design standards.
Through a comprehensive review of both functional and aesthetic aspects of new
or intensified developments, the City needs to accomplish all of the following
objectives:
➢ Implement the goals and policies set out in its Comprehensive Plan;
Y Preserve the character of residential neighborhoods and the City's
commercial and industrial areas;
➢ Maintain and improve the City tax base;
➢ Reduce the impacts of dissimilar land uses;
➢ Promote orderly and safe flow of vehicular and pedestrian traffic;
➢ Discourage the development of identical and similar building facades
which detract from the character and appearance of the neighborhood;
Y Preserve the natural and built environment; and
C'itv of Prior Lnke
Jt�ne 1, 2009 1107/pl
Zoning Ordinance
➢ Minimize adverse impacts on adjacent properties from buildings which
are or may become unsightly.
1107.2202 Standards. The provisions in Subsection 1107.2202 apply to commercial,
industrial, multi-family residential (projects of 3 or more dwelling units per
building), public and institutional uses.
(1) The visual impact of rooftop equipment shall be minimized using one of the
following methods:
➢ A parapet wall.
➢ A fence or screen, the height of which extends at least 1 foot above
the top of the rooftop equipment and incorporates the architectural
features of the building.
➢ The rooftop equipment shall be painted to match the roof facing
material of building.
(2) The development must locate the noise-producing portions of the development,
such as loading docks, outside storage and outside activity away from adjacent
residential areas.
(3) All outside storage areas shall be screened to minimize off-site views using a
bufferyard type "C" or greater, as defined by Subsection 1107.2005.
(4) Utility service structures such as utility meters, utility lines, transformers,
generatrors, above ground tanks, fuel canisters, refuse handling, loading docks,
maintenance structures, and other ancillary equipment must be inside a building
or be entirely screened from off-site views.
(5) All utility services shall be under ground except as provided elsewhere in this
Ordinance.
(6) Exterior surface materials of buildings shall be subject to the following
regulations:
a. Classes of Materials: For the purpose of this subsection, materials shall
� be divided into Class I, 61ass—��Class II and Class III categories as
follows:
Class I: Brick, m�r,,, "u„�:��r�^;+o „r n4hor natural stone, architectural
concrete, ie��ed e�r�,v�er synthetic stucco, c-e�e�,��
exposed aaareaate concrete panels, burnished concrete block, inteqral
colored split face (rock face) block, exposed aaareaate concrete block
and glass are Class I exterior building materials on buildings other than
those used as dwellings which contain eight or fewer dwelling units.
Synthetic stucco shall be installed a minimum of four feet above the
� foundation of the building. Wood, fiber cement higher impact rated
vinyl siding (at least .044 inches in thickness) and prefinished metal are
Class I materials on residential buildings containing eight or fewer
dwelling units in addition to the other Class I materials listed in this
subsection. Cast-in-place tilt-u or precast concrete panels�provided the
surtaces have been inteqrallv treated with an applied decorative material
or texture are considered Class I materials in the I-1 and C-3 district in
addition to the other Class I materials listed in this subsection.
Ciry of Prior Lake
June l, 2009 11 �7/�l2
Zoning Ordinance
� •
L ��. �vnncorJ �nnron��o nnnnro4o r»nolc hiirniehorl rnnnro+o hlnrL
i
�I� Csast-in-place ti, It_Up or precast concrete_ panels, provided the
surfaces have been intearallv treated with an applied decorative material
or texture, artificial stone, prefinished metal and fiber cement sidinq.
Class III: Unpainted or surface painted concrete block (scored or
unscored), unpainted or surface painted plain or ribbed concrete panels,
� wood, EIFS and unfinished or surface painted metal.
b. Minimum Use of Class I Materials Required. At least 60% of each
building face visible from off-site must be constructed with Class I
materials except as permitted by subsection 1107.2202(6,d). �#2F@
!�I „.,,,� Ic �ro corJ iri nnmhino4inn ��ii4h (`locc I mo+oriolc #ho
+�tQ� vv
�i �m nf #ho (`locc I onr�l �`locc In m�#oriolc ch�ll ho orv� i�l 4n nr nro�tor
0 0
c. Maximum Use of Class III Materials Permitted. Not more than 10% of
each building face visible from off-site may be of Class III materials.
Portions of buildings not visible from off the site may be constructed of
greater percentages of Class II or Class III materials if the structure
otherwise conforms to all City ordinances. The mixture of building
materials must be compatibly integrated.
d. Buildings in the General Industrial Use District: Class I materials may
be reduced to a minimum of 25% for building walls in the I-1 Use District
which are not facing or located on a principal arterial, minor arterial, major
collector, or adjacent to or across from any "R" Use District, provided that
the remaining materials are functionally and durably equal to a Class I
material as certified by the developer's architect or the manufacturer and
the architectural design and site plan meet the following minimum criteria:
➢ The exposed height of the building wall shall not exceed 15 feet.
➢ The number of required plants shall be increased by 20% and the
size of 20% of the ornamental trees installed shall be increased to 3 1/2
caliper inches.
� A minimum of 15% of the building facade must be windows or glass
spandrels.
e. Use of Non-Listed Materials. The Zoninq Administrator �a# may permit
an exterior surface material not identified in Subsection 1107.2200(6)
provided the material is a result of new technology and/or the material is
equal to or better in quality and durability than those materials identified.
The applicant must submit the manufacturer's warranty of the non-listed
material. This subsection does not intend to reduce the percentage of
required materials.
(7) In addition to the minimum criteria, the following additional architectural design
elements may be considered in determining whether to permit the reduced use
of Class I materials: building bulk, general massing, roof treatment, proportion of
Ciry of Prior Lake
.Iune 1, 2009 1107/p3
Zoning Ordinance
openings, facade design elements and variation, fenestration, compatibility of
materials, color, and texture. Site plan design elements which will be considered
in determining whether to reduce the Class I building material requirement
include quantity, quality, variation, compatibility, and size of plant materials,
landscape berms and screening walls. Also considered will be the overall
harmony and unity of the various elements of the architectural design and site
plan within the site and also within the larger context of the area or corridor.
(8) Building design shall be consistent with the following requirements:
a. The height, bulk, general massing, roof treatment, materials, colors,
textures, major divisions, and proportions of a new or remodeled building
shall be compatible in design style and character with that of other
buildings on the site and on adjacent sites.
b. No unbroken building wall may exceed a 4:1 ratio of wall length to wall
height, and each building wall deviation at the 4:1 ratio shall be a
minimum depth of 4 feet; where a maximum 3:1 wall length to wall height
ratio is used, the minimum depth of each building wall deviation may be
reduced to 3 feet; where a maximum 2:1 wall length to wall height ratio is
used, the minimum depth of each building wall deviation may be reduced
to 2 feet.
c. No building may display more than 5% of any elevation surface in bright,
pure accent colors.
I d. Design review shall be done by the Community & Economic Development
.,.,,� r.�.,+,,..,� oo�,,,,r,.o� Department.
e. The site lighting shall provide adequate light for the safety and welfare of
persons using the site but shall not present a nuisance or hazard and
shall otherwise comply with Subsection 1107.1800. In cases where light
spillage to adjacent properties cannot be determined a photometric plan
I shall be submitted to the Community & Economic Development �-�al
&�set�se�Department for review.
f. �e; -��e�+� ..�i+hiri nll I Ico � i r�a �c���.���
cni �nro foo+ n} Ionc4 '10% nf #ho In# oroo ch�ll ho rlo�in+oiJ tn r�orJoctri�n � �co
= ---'� --'---' -'- -- '--- --- ---- ------ -- ---- --.,.. ._ �- -..�.-.,..,.... ..,..�
g. New additions, alterations, or accessory buildings: The exterior wall
surface materials, roof treatment, colors, textures, major divisions,
proportion, rhythm of openings, and general architectural character,
including horizontal or vertical emphasis, scale, stylistic features of
additions, exterior alterations, and new accessory buildings shall conform
to the original architectural design and general appearance of the
principal building(s) on the site and shall comply with the requirements of
this subsection.
h. The relationship of the building to the site and adjacent property,
including site access and pedestrian movement shall be complementary.
Ciry of Prior Lake
June l, 2009 11�7/p4
Zoning Ordinance
i. In any instance where the Zoning Administrator denies a permit or a
request for preliminary approval of building materials or building design,
the applicant may submit an appeal of the interpretation, based upon the
plans and other papers on file in the office of the Zoning Administrator, to
the Board of Adjustment without payment of additional filing fees of any
kind. Appeals shall be considered according to the procedure outlined in
Subsection 1109.300.
1107.2203 Architectural Standards Applvinq to One and Two Familv Residential Uses.
Individuals, builders or groups of builders shall not construct a house design
which has identical front elevations to any house or proposed house where a
building permit has been issued with the following exceptions:
a. Identical front elevations may be allowed on no more than 25% of platted
lots within a block. However, identical front elevations shall not be
allowed on adjacent lots or in cul-de-sac turnarounds.
b. The provisions of this subsection apply to Planned Unit Developments
and Conditional Use Permits, but may be modified with the consent of the
City Council.
c. To determine compliance with this subsection, the Zoning Administrator
may require the permit applicant to submit exterior elevations of the
proposed structure, and photographs of the front e�erior of neighboring
houses, in addition to all required materials for a building permit
application listed in Subsection 1109.501. A list of exterior finish
materials and colors may also be required.
Cih� of Prior Lake
Jaine 1, 2009 1107/�5
O � PRIp�
ti �
v �'' 4646 Dakota Street SE
Prior Lake. MN 55372
�jNNES��
okfbECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: October 29, 2012
AGENDA #: 8D
PREPARED BY: Dan Rogness, Community & Economic Development Director
AGENDA ITEM: DOWNTOWN PROPERTY ACQUISITION OPPORTUNITIES
DISCUSSION: Introduction
City staff was asked by the EDA to evaluate the potential acquisition of the
downtown Professional Building on Main Avenue. The primary reason for this
consideration relates to the "squaring off" of city-owned property to help facilitate
a potential future redevelopment project. A memo from Casey McCabe, dated
August 28, 2012 is attached as an evaluation.
Hi StOry
In April of 2008, Prior Lake distributed a RFQ/RFP to developers that may con-
sider redevelopment opportunities in the downtown area. Only one response
came from the Scott County CDA for a mixed-use development at the northwest
corner of Main and CR 21. Their proposed area to redevelop included city prop-
erty with the exception of land currently occupied by the Professional Building.
The Professional Building was constructed in 1920 and is currently for sale at a
price of $499,000; the county's estimated market value is $360,000 for taxes
payable 2013. The county's value is divided between $100,000 for land
($10.20/SF) and $260,000 for the building. Therefore, the asking price is 39%
higher than the county's estimated market value. Property taxes equal $1.80
per square foot (building space) for payable year 2012. The staff inemo as-
sumes an acquisition price midway between the asking price and county value at
$429, 500.
Staff also received a call from the owner of the house being rented at 16323
Main Avenue (behind Fongs) indicating that the house is now vacant. She won-
dered whether the EDA would have any interest in purchasing the property with
no relocation costs. Staff asked her for an expected sale price, which is
$150,000 subject to further negotiations. The county's estimated market value
is currently $119,000.
Conclusion
The city could use some or all of the TIF 1-1 balance toward the purchase of the
Professional Building or house. Casey's memo assumes using $150,000 toward
the Professional Building purchase and financing the remaining amount with
some other method. Staff makes the following conclusions about the potential
public acquisition of the Professional Building:
1. A negative aspect is that the city would own even more property down-
town to lease out versus keeping it in the private sector.
2. A negative aspect is that the leases are either month-to-month or short-
term, so there is no assurance about long-term lease revenues.
3. A negative aspect is the age of the building and deferred maintenance.
4. A positive aspect is that the building has little or no vacancies at this
time.
5. A positive aspect is that this parcel would create a potential redevelop-
ment area of nearly 0.6 acre, including the Flower's Naturally property.
6. By using TIF 1-1 funds as equity, the property could potentially generate
up to $20,000 net revenue per year.
If there is interest from the EDA in pursuing purchase of the professional build-
ing further, staff recommends that an independent evaluation be done of the
building from a structural and repair viewpoint, as well as further evaluation of
existing lease agreements. If the EDA has interest in revisiting the house pur-
chase, then staff can follow up with the owner to discuss a negotiated purchase
price.
ISSUES: More staff time will be needed to administer 16 lease agreements, tenant issues,
building problems, etc. at the Professional Building.
If the house is purchased, staff recommends moving immediately to demolish
the structure at an estimated cost of $15,000 using TIF 1-1 funds. This would
become land-banked commercial property for future redevelopment.
Staff is also currently working with someone that is interested in purchasing the
old Sinclair Station and renovating that building into a cafe. It is likely that they
would request some public financing assistance from TIF 1-1 to help complete
this project.
FINANCIAL The majority of TIF 1-1 fund balance of $200,000 would potentially be used to-
IMPACT: ward the acquisition of either property, and another funding source would be
needed to reach the full purchase price of the Professional Building. The EDA
may want to see if anything viable comes forth for the Sinclair Station project
before committing any TIF 1-1 funds to any one project or site.
ALTERNATIVES: 1. Request that staff continue due diligence necessary to further explore
acquisition of any identified property.
2. Request that staff take no further action on any specified site.
3. Continue discussion to another meeting.
RECOMMENDED As directed by the EDA
MOTION:
ATTACHMENTS: Memo from Casey McCabe dated August 28, 2012
O � PRlp�
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Merno
� _._.._. _� ._ �.. �__�. . __�___ n._._��_ _.r � _.._ __ _.
��NIVESO�� . _ o ��._.___ ..� .�.� .. ok y_...�. _.
Datc: Au�;ust 28, 2012
To: Dan Rogness, Contnntnity & T'conomic De��elo��ment Dircctor
From: Casey McC�be, Comnn�nity Development Spccialist
Subject: Professional Building — 16228 Maiii Avenue SE
Follo���ing a re��ie�v of tlie real estate listing informatiou for the Professional Building, located at
16228 Maiu A��enue SE, I have compiled a list of con��nents fa� your revie�v.
o Sales Pricc — Ttie property is offcrcd for sale at a purchase price of $499,000. The Scott
County estimated market vAlue of this property is 5360,000 ($260,000 estimated buildiug
value +$] 00,000 estimated lanci value).
o Assumed Acquisition Price — For the pin�pose of this evaluation, it is assumed the
purchase price �t�ill be $429,500, �vhich is the difference bet�veen the asking price flnd tlie
Scott Co�mty cstimated niarket valuc.
o Punding Sources -- It is ass�uned the City could utilize �150,000 from tlie TIF District 1-1
e�:cess inci•ement to�vard the purchasc price. The cemaining balance of $279,500 could
be fi�nded through the use of Gcncrll Ftu�d reserves or the City could conside�� purchasinb
thc property on a Contract for Dccd and apply � revenue to the amortized monthly
payment.
o Property T�x — Property tax payments are current. The levied property tna and special
assessment totals $12,918 for tlxes payable 2012 ($12,075.48 property t1x +$842.52
spccial assessment).
o Rental Rates — Tl�e lcase rates indicated ou the listing infocmation r�nge from $5.70 to
$14.80 per squlre foot. The average lease rate is $11.59 per syuare foot.
o Lease Stattis — The listing information indicates thc building is 94% occupicd a�ld stable
���ith reasouable rents. Eigl�t teuauts �vere identified on the listing information; comUincd,
these tenauts lease 7,207 sc�uare feet.
There are no �►ctive long-term lease agreements t�t this p►'operty. Four of the eight leases
are montli-to-month �nd thc retnaining four le�ses l�avc a com�nitmcnt tcrm that cxpires
prior to February l, 2013.
o The sttbject property is located behveen two City owned parcels aud acquisition of this
property tvould conso(idate otvnership and provide a greater opportunity for
redevelopmeut in die fi�tiu•c.
Plionc 9S)A479R00 / Eax 952.447.42d5/ a����•.cityofpriorlakc.com M�x��^��
o Building Maintenance — A revie�v of building permits issued for this property indicates
no major renovation, maintenance or construction activities have occurred during the past
15 phis }�ears, wtiich uiay suggest tlie building is iii need of maintecyance and sl�ould be
tlioroughly inspectcd.
Date Bldg. Permit # Value TS�pe Descriptioii
8/17/OS 05.0796 �1,000 Alteration Demising Wall
2/8/00 00.0077 $1,104 HVAC I-IVAC
6/15/98 98.0475 H��AC HVAC
8l14/97 97.0409 Alteratioti V�'all Partitions
3/31/97 97.0100 Plumbing Plumbing Fixtt�res
3/31/97 97.0000 HVAC HVAC
2/10/97 97.0031 Alter�tiou Alterations
U27/93 93,001C Rcroofiug Reroofing Boltan Bakcry
9/12/90 90.0245 Alteration BuildinglOffice Alterations
12l20/88 88.0335 Remodeling Remodeling
10/9/84 84.0582 Alteration I2emove Wall
1/1/80 80.01$1 Rcmodcling Rcmodeling
11/6/78 78.0242 Alteration M�►in H�ll�vay Alteration
] 0/27/77 77.0204 Rcmodcling Remodel ]nside of Buildi�ig
1/28/77 77.0005 Alt Alteration
]0/17/62 62,0044 Alter�tion Alteration to Sides
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o Additional Review Required — Li addition to the information provided, it is assumed tlfe
City of Prior Lake �votild request � revie�v of the e�;isting lease agreements, conduct a
building inspection, verify utility payment amounts, request n review of service conU
and have a property appraisal complctcd.
ParcelID 250010320
Taapayer N1mc JC1' I L[MITEU PAR'I'NERSHIP & GEORGE M& J
Tflxp trycr Address l l 1825 KNOLLS PATH W
Taxpayer Address2 � LAKEVILLE, MN 55044
Propecty Addressl 1G228 MA1N AVE SF.'.
Property Address PRiOtZ LAKE MN SS37
School DisU�ict 719
Estimatcd Lancl V�lu $10 0,000
Estimated Builctings Value �2G0,000
Total Estimated I�-larket Vnluc $3fi0,000
Homc Style N/A
-- --- --
Bedrooms 0
Bathrooms 0
Year Built 1920
Deeded Acreage 0
GIS Acreage 0.22532
Zonin C lassification TC, 'I 'otvn Ceuter
Subdivision Namc CITY OF PR10R LAKE Block OQ4
Legal Description Subdivision Cd 25001 N1/2 OF LOT 5& S 40' OF LOT 4
Plat Name PLAT-25001 CITY OF PRIOR LAKE
Block 4
Lot
Unique �Vell & Boring No.
Well Depth Drifled
Well Date Drilled
Homeste�d Status: N
Homcstead Classification; 300 Conunercial
Geeen Acres: N
Ag Preserve: N
Tax Le��iecL• � 12,075.48
Levied Special Assessments: �842.52
Total: � 12,918.00
Payments: �6,459.00
Balance Uue: $G,459.00
Total Balaiice Diie Past Years: �0.00
Original Assessment: � 1,428.00
( $ 1 1� 1. 1 t / I; 1� 4: 1� .
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Prior Lake, MN 55372
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PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY
DRAFT AGENDA
Monday, November 19, 2012 — 4:00 p.m.
Reports included with this agenda can be found in the Document Center at www.cityofpriorlake.com
Please follow this file path: City of Prior LakelEconomic Development Authority120121Nov. 19, 2012
1. CALL TO ORDERIINTRODUCTION
2. APPROVAL OF AGENDA
3. APPROVAL OF MEETING MINUTES
A. October 15, 2012
4. CONSENT AGENDA
A. Adopt Final 2013 Budget and Tax Levy
B.
5. REMOVED CONSENT AGENDA ITEMS
6. PUBLIC HEARINGS
A. No public hearing is scheduled.
7. OLD BUSINESS
A. Fiber Optic Network Discussion
B. Technology Village Business Incubator Update
C. Business Venture Fair Discussion
8. NEW BUSINESS
A. EDAC Report
B. Revolving Loan Fund Application — Captain Jacks
C. Business Inquiry List (through 10/31/12)
9. OTHER BUSINESS
A. Draft December 17, 2012 Agenda
10. ADJOURNMENT: 6:00 p.m.
Those items on the EDA Agenda which are considered routine and non-controversial are included as part of
the Consent Agenda. Unless the President or an EDA member specifically requests that an item be on the
Consent Agenda be removed and considered separately, Items on the Consent Agenda are considered under
one motion, second and a roll call vote. Any item removed from the Consent Agenda shall be placed on the
EDA agenda under "Removed Consent Agenda Items"
Phone 952.447.9800 / Faac 952.447.4245 / �vww.cityofpriorlake.com